Edward L. Wotitzky is AV rated by Martindale-Hubbell
Warren R. Ross is AV rated by Martindale-Hubbell
Cheyenne R. Young
How do cooperatives and condominiums differ?
What is a Community Association?
What documents typically govern Community Associations?
How do Community Associations Operate?
What types of community association clients does your firm represent?
What services do you provide?
Do you only represent community associations?
The association gains its legal authority from the legal documents which create it—declarations, by-laws, and articles—and these associations are typically run like a corporation and may be managed by professional property management companies as well for selecting the members of the Board of Directors who oversee management of the association.
How do cooperatives and condominiums differ?
In a condominium, you legally own a particular unit in a multiple-unit structure of a building. Under a typical arrangement, you also have a share and a right to use common areas such as hallways, elevators, gardens, swimming pools and club houses. A monthly association fee to share the cost of maintaining the common property is normally required.
In a co-op, you do not own your own a specific unit in the building but own stock in the corporation that actually owns the building and all of the apartments. You lease your apartment or unit from the corporation. The unit’s size determines the number of shares of stock you must purchase. Monthly fees based on the number of your shares of stock are assessed for the mortgage payment, taxes, and general operating expenses. As a shareholder, you have a say in electing the Board of Directors that manages and decides how the cooperative is to be run.
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What is a Community Association?
Community Association is a generic term used to describe residential developments in which each owner is bound to a real estate organization by a set of governing documents that require adherence to a set of rules and payment of assessments. The money collected in assessments is used for the operation of the association. Membership is automatic when a unit is purchased. Condominiums, townhouses and cooperatives are all types of community associations.
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What documents typically govern Community Associations?
Generally, four major documents govern associations.
Declaration -- Th e Declaration governs the real estate forming the Association. Generally, the Declaration contains assessment provisions, real estate definitions, maintenance obligations and other information. This is the primary document establishing the Association and subjecting the land to Association governance.
Articles of Incorporation -- The Articles of Incorporation are filed with the state to form the Association. The articles define and establish the non-profit corporation. Often, the articles contain powers and duties relating to the Association.
Bylaws -- The Bylaws are the operational guidelines for the Association. Bylaws typically contain rules concerning meeting notices, quorums and voting and other operational issues. They also define the Board and the roles of officers and directors of the Association.
Rules and Regulations -- Rules and regulations are generally specific guidelines and policies relating to the day-to-day operation of the Association. Common topics covered by the Rules and Regulations include pet rules, collection policies, storage and property use restrictions, parking and other property issues. Complaint and appeal processes are included in the association documents to protect individual rights and to provide a mechanism for resolving controversies.
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How do Community Associations Operate?
Associations typically operate through a volunteer Board of Directors who oversees the operation of the Association. Community Associations may be self-managed or may hire a management company to perform this role. The Board typically meets on a monthly basis to decide all issues involving the Association. On an annual basis, the Association holds an owners meeting to elect new board members and to update all owners as to the status of Association operations.
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What types of community association clients does your firm represent?
Our firm provides representation to all forms of community associations, including condominium associations, cooperative associations, homeowner associations, and mobile home park owners or associations.
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What services do you provide?
We regularly advise these associations with respect to compliance with statutes and regulations concerning the conduct of meetings, election of directors and officers, providing records to owners, amending documents, and promulgating rules and regulations. This area of our practice also involves the collection of assessments and rents, and bringing such actions as may be required to enforce rules and regulations.
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Do you only represent community associations?
No, our firm also provides representation to developers of condominiums, cooperatives, subdivisions, and mobile home parks. The development of these forms of land ownerships involves compliance with many federal, state, and local laws and regulations. We are experienced in this detailed area of the law, and endeavor to assure land owners and developers have quality documents and development plans to be certain their property development is successful.
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