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A condo attorney represents homeowners in disputes arising from condo ownership, including issues with shared ownership, maintenance, and governance. They can represent landlords, tenants, or condominium councils and may file lawsuits or facilitate negotiations to resolve disputes.
A condo attorney represents homeowners in disputes arising out of condo ownership. The roles and duties of a condominium attorney are varied, depending on who the attorney is representing and what the nature of the dispute is. A condominium attorney can represent a landlord, tenant or condominium council.
Condo ownership is a unique property type. Although a condominium owner owns a 100% interest in his condominium unit, he usually also has a shared interest in the building in which the condominium is housed, as well as the building’s amenities. Due to this type of shared ownership, certain issues can arise that may lead one or more individuals involved in a dispute to hire a condominium attorney.
With shared ownership, there must be some method of determining who will pay for maintenance and how the space will be shared and governed. Typically, a condominium board or association is responsible for maintaining order and regulating common spaces in condominium buildings. All owners of a condominium within a given building generally must pay dues or membership fees to the condominium board and must comply with the rules associated with the condominium board.
When disputes arise between a person who owns a condominium and the condominium management, a condominium attorney may be called. The attorney may represent the council or the particular condo owner having the dispute. Attorneys owe a fiduciary duty to represent the interests of any party they represent.
The condo attorney can file a lawsuit to compel a tenant to comply with condo board rules if he is working for the condo board. It can also issue notices of pending lawsuits if a condo owner fails to comply with rules or fails to pay condo fees. The attorney can also help the condominium board process unpaid debts required as part of the condominium ownership.
A condo attorney representing a condo owner can file a lawsuit against the condo board if the condo owner believes that his property rights are being unfairly limited by the board. It can also help a condo owner facilitate negotiations with a condo board when problems arise. Your goal may be to help avoid litigation through negotiation and agreement, or to file a lawsuit to help a condo owner obtain damages or receive an injunction – an order requiring the condo board to stop certain behavior – or a motion to oblige, which is an order requiring the condominium board to perform a certain behavior.
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