Demystifying the Role of a Condo Law Attorney

What is Condo Law?

Condo law refers to the legislation that governs the ownership and management of condominium units in New Jersey. The 1969 Condominium Act was adopted in large part to ensure that purchasers of condominiums were adequately protected, as well as to give developers the means to build and market condominiums. It also provided the legal framework for the formation and governance of community associations.
Condominium ownership is a hybrid form of ownership that combines elements of fee simple ownership, giving owners exclusive use of their individual units, and common interest ownership, allowing for collective ownership of certain common elements of the condominium association property . In essence, Unit Owners possess a title to their individual condo unit, and are subject to a reciprocal beneficial servitudes that obligate them to pay routine dues or assessments for the maintenance and upkeep of the Common Elements (i.e., pool, club house, landscaping, etc.) and the assets of the Association as a whole. The Owner thus benefits from and enjoys the continued protection of these valuable assets during his or her ownership of the unit.

When Do I Need a Condo Law Attorney?

Condominium disputes run the gamut. You may have problems with your condominium association over an assessment. Or you may face a dispute with a neighboring unit owner, or with a condominium developer or builder. In any event, you will need an attorney who knows the rights and responsibilities of both unit owners and condominiums and who has experience representing unit owner interests in complex condominium disputes. At the outset of the representation, your attorney will likely advise you to use informal remedies and to exhaust all administrative remedies with your condominium association. This is rational advice, but keep in mind that every condominium association is governed by its governing documents, and there will come a point at which the documents offer no relief to the unit owner in a dispute. When that happens, you may then need to assert your legal rights in court.

Condo Law Attorney Duties

A condo law attorney is responsible for a wide range of legal tasks when it comes to the legalities of condominiums. Some of the primary functions that an attorney of this nature is responsible for include drafting and revising governing documents, representing clients in legal matters, handling amendments, providing counsel, issuing third-party opinions, governing alternative dispute resolution, providing information and guidance on a regular basis, appearing at title and survey closings, meeting with boards of directors, representing condo associations at annual meetings, taking minutes and performing title examinations.

Condo Association Legal Disputes

Disputes arise between condo owners and the condo association or among the owners of the condominium. Disputes that involve the association will include issues of the condo association not maintaining the condominium common elements or maintaining common elements in a negligent manner. In addition, there may be a dispute regarding whether the condo association acted properly in expending money from the association’s reserve fund. A condo law attorney will assist you with these types of disputes.
Disputes will also arise among the owners. Common areas of dispute between owners include noise complaints from one owner to another. Another area of dispute will involve one owner’s feeling that another owner is violating the condominium by-laws, such as an owner having their pet on the property. In some instances, the owner may feel that another owner is not paying the proper share of the association dues . Association dues are often based on size of the owner’s condo, but in some cases, an owner believes that the amount they are being charged is not correct. The condo law attorney will assist the owner with these types of disputes.
In some cases, it will be necessary to file a lawsuit against the association or an owner. In order to litigate a claim, an attorney must have standing to sue. In order for your condo law attorney to have standing to sue on your behalf, you must obtain permission from the condo association to pursue the lawsuit. In some cases, the association must vote at a members meeting to approve a member proceeding with filing a lawsuit against the association on behalf of all of the members. The condo law attorney can advise you of the procedures necessary to file this type of claim.

Legal & Regulatory Compliance

Legal compliance is another area where a condo or HOA attorney can save your community from potential pitfalls. Due to the communal nature of living in a condo, and the association’s governing documents, there are local, state and federal laws with which you must comply.
Community living frequently invites legal scrutiny, especially when it comes to regulations. Within Orange County, we have the Orange County Development Code (also known as the County Code), which sets forth the Uniform Administrative Code. The purpose of the County Code is to provide standards for issues such as zoning, site development, building construction, sewage, grading, signage, utilities and other practices that also require compliance with the California Code of Regulations, Cal. Code Regs. tit. 24. In Reference Guide No. 7, the County Code clarifies the purpose and levels of the regulations and requirements:
The County Code
The California Code of Regulations
Additional Requirements
The Applicable Uniform Codes
The Statute
It’s easy for your board of directors to inadvertently violate one of these codes. However, a condo law attorney can help to ensure that your actions don’t run afoul of the law.
Some other areas where your condo association may need legal assistance to ensure compliance includes:
Condo law attorneys can provide invaluable assistance to ensure that everything in your condo is up to code and compliant.

Selecting a Condo Law Attorney

When choosing a condo law attorney, there are several factors to consider. First and foremost is experience. There are many fine general practitioners throughout our state, but those who represent associations tend to have full service staff with attorneys and paralegals who practice condominium law day in and day out. It is important to find someone who has expertise in both transactional and litigation work. Also consider geographic proximity . There is nothing wrong with a firm from out of town who makes the effort to know your community as well as the lawyers in your town, but few have that level of commitment or resources. Many folks may ask relatives if they have an attorney to recommend and while that may work, you are much better off speaking with fellow board members or managers on their experiences with condo law firms. Above all, be sure to review lawyers online. There are many places where you can start by looking your lawyer up. Below are a few suggestions: