Condominium and Homeowners’ Associations

Our Real Estate group assists developers with the formation of condominiums and planned communities and the preparation of the governing documents, including the declarations, bylaws, and public offering statements.  Our attorneys also frequently review and analyze existing governing documents on behalf of homeowners’ associations or individual unit owners for enforcement and potential issues and claims against developers and unit owners.   We counsel developers and associations on applicable state and federal laws impacting condominium and homeowner associations, including the Pennsylvania Uniform Planned Community Act (68 Pa. C.S. §§ 4101, et. seq.) and the Pennsylvania Uniform Condominium Act (68 Pa. C.S. §§3101 et seq.).

We are well versed in helping both developers and associations facilitate the transfer of association governance from the developer to an association run board.

SMGG assists condominium associations and homeowner associations with legal issues facing these communities, such as:

  • Drafting, amending and interpreting governing documents such as declarations, bylaws and rules and regulation.
  • Day-to-day governance.
  • Enforcement of covenants, rules and regulations.
  • Disputes between associations and specific unit owners.
  • Disputes between unit owners.
  • Litigation, arbitration and mediation of disputes against the developer.
  • Fiduciary duties of board members.
  • Drafting and negotiating service and management contracts.
  • Assistance with purchase, sale, tax or financing issues related to the common areas or specific units in the community or condo.
  • Collection of assessments.
  • Liens and foreclosures.

For more information, please contact Kimberly Tague.