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Homeowners' Associations

A solid understanding of homeowners’ association law is invaluable to homeowners.  At McGrath North, our experts in homeowners’ association law help homeowners’ associations (HOA’s) comply with their legal duties and obligations and help them face difficult issues regarding enforcement of rules and regulations that benefit all homeowners.

Many aspects of HOA management are dictated by the HOA’s governing documents, but a somewhat complex regime of federal, state & local laws must also be followed.  At McGrath North, we help HOA’s to comply with the association’s governing documents, ensure homeowner compliance with covenants established in the governing documents, and provide general legal representation as needed. The Firm has broad experience representing HOA’s in every aspect of their day-to-day work, which includes rendering advice and providing other legal services to them in the following areas:

  • Assessment collection
  • Whether and how to levy special assessments
  • Amending governing documents including Declarations and Bylaws
  • Adoption and enforcement of rules and regulations
  • Enforcement of architectural restrictions
  • Dispute resolution
  • Construction and repair projects
  • Borrowing from banks or other lenders
  • Governance issues
  • Proxy fights
  • Privacy concerns, document retention, and owner access to association records
  • Granting and amending easements across common area or common elements
  • Issuing permits regarding nonconforming improvements or conditions

We also advise HOA clients on issues regarding budgeting, maintenance of common elements, and insurance.  By relying on McGrath North, HOA’s not only protect themselves but all of their constituent members.