Overview

With decades of experience in the industry, the attorneys in Burke, Warren, MacKay & Serritella’s Condominium & Community Associations Practice are highly experienced in the unique legal challenges involved in managing and operating condominiums, community associations, and cooperative apartments. Our approach prioritizes being knowledgeable, strategic, and available to our clients.

We serve as trusted counsel to hundreds of community association clients, offering comprehensive general counsel services in governance, transactions, litigation, and assessment recovery, including:

Operations and Governance

  • Reviewing governing documents and providing advice on interpretation and use
  • Assisting clients with board meetings and resolutions
  • Resolving internal board conflicts
  • Counseling boards on best practices and strategic use of community covenants

Assessment Recovery and Enforcement

  • Collection of unpaid assessments, charges, and proprietary lease fees
  • Representing associations in defense of mortgage foreclosure actions
  • Enforcement of governing documents and rules and regulations via violations, hearings, and prosecution of injunction actions

Transactional Needs

  • Drafting, reviewing, and negotiating construction, vendor, and management contracts
  • Assisting with bank loan review and providing opinion letters
  • Drafting amendments to governing documents, including use, rental, and other covenant amendments
  • Handling condominium de-conversions and Section 15 bulk sales

Litigation Services

  • Defending claims against associations and board members
  • Prosecuting injunctions, restraining orders, and declaratory judgments
  • Pursuing construction defect claims and developer-related actions
  • Navigating local government enforcement actions

Day-to-Day Legal Issues

  • Assisting with insurance claims
  • Managing annual report filings and registered agent services
  • Handling property tax appeals
  • Ensuring compliance with municipal codes and defending building code violations
  • Addressing labor union and employment law matters

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