Upcoming Events

 
 

August 27, 2014
(Wednesday):

August 2014 Invitational:
Maryland Legislative Update
12:00 p.m. – 1:00 p.m.
Event Details & Registration

September 19, 2014
(Friday):

Live seminar:
"Change Orders in Virginia,"
Arlington, VA
Featuring: Andrew Felice, Alison Mullins, and Joseph Pierce
8:30 - 4:30
Register Online or by phone at (866)352-9539


  New Articles of Interest
 
 

RB Attorney Maureen Carr Classification of Employees as Exempt v. Non-Exempt Under the Fair Labor Standards Act

   
   
 
JOIN OUR EMAIL LIST
Email:  

Rees Broome Featured
in Forbes Magazine

Experts by Association
Communities Are a Specialty of Rees Broome, PC

Responsiveness, Relationships, Results - Rees Broome, PC Has Grown With Tysons Corner Clientele


Community Associations

Rees Broome Community Associations NewsletterAs an outgrowth of its original real estate law practice, Rees Broome began representing condominium, town home and single-family residential associations in the early 1980’s.  Now after more than a quarter-century’s experience representing community associations, the firm’s community association practice has become one of the largest in the nation.  We represent clients in Maryland, Virginia, D.C. and West Virginia.  Our clients range in size from associations with as few as 20 condominium units to those with 5,000 homes.  Some association clients have been with Rees Broome for more than 25 years.

What we constantly hear from our clients and industry leaders is that it is our responsiveness that clearly distinguishes our firm.  Rees Broome can offer an exceptionally high level of service to its community association clients because of the truly unusual depth of its attorney and paralegal staff.  Currently, the firm has 18 lawyers in its community association group, who are able to provide expertise in every aspect of association representation from employment issues to corporate board governance to complex construction litigation.  Because our community association attorneys work day in and day out on association matters, we can efficiently and quickly respond to our clients’ needs. 
In addition to its Community Association practice, Rees Broome is a full-service law firm, with business clients ranging from individuals and small family businesses to major corporations.  The cross-fertilization possible from the firm’s range of practice groups and legal talent brings added value to its association clients.  Rees Broome can effectively counsel associations on tax questions, easements, construction defect and insurance coverage problems, as well as how to form and operate a Board of Directors.  The proof is a client list of more than one thousand community associations from West Virginia to Maryland’s Eastern Shore, and from Baltimore to Richmond.
Please feel free to review our archive of newsletters (see link to right), and call us at (703) 790-1911) to ask us about our monthly complimentary client luncheons.


DISCLAIMER: THE RESULTS OF ANY LEGAL ACTION DEPEND UPON FACTS UNIQUE TO EACH CASE.  NEITHER REES BROOME, PC, NOR ITS ATTORNEYS GUARANTEE OR PREDICT SIMILAR RESULTS IN ANY FUTURE CASE UNDERTAKEN BY REES BROOME, PC OR ANY OF ITS ATTORNEYS.


Ursula Koenig Burgess
Ursula Burgess focuses on the legal issues that arise within community associations She represents a wide variety of community associations in Fairfax and Loudoun Counties in Virginia, as well as in Maryland. A particular specialty is assisting with the collection of delinquent condominium and homeowners’ association dues. She also coordinates non-judicial foreclosures and handles other matters for associations, including drafting policy resolutions. 

Representative Experience

•  Represents numerous community associations in litigation against unit owners for violations of condominium declarations, bylaws, rules and regulations, and non-payment of assessments
•  Represents homeowner associations in litigation involving foreclosures of units pursuant to Property Owners’ Association Act and the Condominium Act
•  Reviews and updates covenants and architectural enforcement; negotiates and resolves claims by owners against client associations
•  Develops and presents seminars to our community association clients on a variety of topics, such as directors’ duties, meeting requirements, fair housing, age-restricted communities, rules enforcement, and changes in the law
•  Prepares condominium instruments and registration applications for residential and mixed-use conversion and new build condominiums
•  Prepares and reviews contracts with service providers for community associations with from 250 to 4800 homes

Juan R. Cardenas
Juan Cardenas specializes in the representation of large condominium and homeowners’ associations throughout Virginia, particularly in the Washington metro area. A typical association client will have more than 500 units and will be dealing with the great variety of issues that can arise, including parliamentary procedure, drafting and interpretation of legal documents, formation of corporations, assessment collection and compliance with all relevant federal, state and local laws.

Representative Experience

•  Defends community association clients in employment disputes, discrimination and fair housing claims, administrative hearings and other lawsuits
•  Advises clients on developmental issues such as warranty claims, transition requirements, redevelopment deals, dealing with county agencies
•  Reviews and updates covenants and architectural enforcement; negotiates and resolves claims by owners against client associations
•  Develops and presents seminars to our community association clients on a variety of topics, such as directors’ duties, meeting requirements, fair housing, age-restricted communities, rules enforcement, and changes in the law
•  Converts commercial property into condominium ownership, works with developers and property
owners on how to maximize best lawful use of land
•  Represents associations in property transactions involving the acquisition and sale of land, boundary dispute issues, negotiated easements, licenses and covenants
•  Represents associations before local governmental and political bodies on final development plan amendments, proffered condition amendments, special permits, and other zoning and land use issues
•  Named to the “Top Lawyers” list for Homeowners' Association Law by Northern Virginia Magazine (December 2011)

William P. Daly, Jr.
Bill Daly’s community association practice focuses on civil litigation..

Representative Experience

•  Represents community associations in claims against developers under statutory warranties and  contractual warranties for construction defects
•  Represents community associations in lawsuits involving easements, property rights, board authority and powers under Virginia law, bond actions, covenant violations Represents condominium boards and homeowners’ associations, as well as property owners, on matters arising from multiple-ownership community issues. Common examples include easements, annexation of additional property, disputes with developers and construction defect claims against builders
•  Works with condo and HOA boards on the scope of Board authority, successfully handling such cases all the way to the Virginia Supreme Court

Kimberley M. O’Halloran-Perez
Kim O’Halloran-Perez’s practice is devoted to the representation of community associations in Maryland and Virginia.  Kim has extensive experience crafting governing documents, amendments to governing documents and rules for community and homeowners’ associations.  She also has significant experience defending community associations from civil and administrative claims brought by individual owners concerning unit repair, parking enforcement and fair housing issues.
She also works with Montgomery County (MD) condominiums, particularly within the scope of the Commission on Common Ownership Communities, created by the county as an oversight group for condominiums and home owners’ associations.

Representative Experience

•  Handling parliamentary rules and processes for public meetings of the Board, ranging from balloting and use of proxies to electronic voting and what constitutes adequate notice
•  Ensuring compliance with Virginia’s new community association “omsbudsman” regulations, which require all condominiums and homeowners’ associations to have effective internal complaint procedures in place
•  Obtaining FHA certification and recertification
•  Representing the association against owners challenging annual assessments
•  Resolving handicapped access issues
•  Handling nonconforming renovations and alterations
•  Litigating and negotiating construction defect cases
•  Dealing with “good neighbor” issues that can range from simple parking disputes to dangerously disruptive behavior

Peter S. Philbin

Pete Philbin’s practice focuses on community association and homeowners’ association representation. Pete advises more than 300 Boards on the wide variety of issues that arise every day in multi-owner communities.

Representative Experience

•  Creating and maintaining proper governance structure, including training for new Board members
•  Negotiating and drafting contracts for all types of contractor and subcontractor services, including property management companies, builders, security companies, landscapers and recreational facility managers
•  Defending against employment disputes and housing discrimination claims
•  Pursuing claims against the developer
•  Handling construction defect and construction warranty claims
•  Converting commercial property into condominium and co-operative ownership
•  Ensuring effective interaction with local governments to approve site plans and amendments to site plans, special permits, zoning and special use exemptions
•  Handling land sales and purchases for expansion, boundary disputes, easements and other land use disputes
•  Interpreting restrictive covenants and suggesting enforcement methods and options
•  Assisting in the collection of dues and assessments
•  Advising clients in maintaining compliance with state and federal regulations
•  Assisting with architectural enforcement.

Todd A. Sinkins
Todd Sinkins’ practice focuses on representation of property owners’ associations and condominium associations of all sizes, including large master associations. Todd also represents condominium developers in the creation of condominium associations, including multi-phased community association projects.

Representative Experience

•  Represents community associations with from 250 to 4800 homes in discussions with local jurisdictions and developers to ensure the developer fulfills its developmental responsibilities owed to the Association
•  Represents community associations on covenant enforcement cases
•  Regularly represents new condominium associations with as many as 350 units in construction warranty defect litigation
•  Represents community associations with as many as 1,000 homes in claims relating to the underfunding of the association by the developer
•  Represents multiple associations in annexations and mergers with neighboring property
•  Prepares and reviews contracts with service providers for community associations with from 250 to 4800 homes
•  Advises Boards of Directors for community associations ranging from small townhome communities to large-scale master associations on issues relating to the governance of the association and enforcement of the association’s governing documents
•  Defends community associations against claims of discrimination under the Americans with Disabilities Act and Fair Housing Act
•  Provides training to directors and committee members for condominium associations, homeowners as sociations and large-scale master associations
•  Prepares condominium instruments and registration applications for residential and mixed-use conversion and new build condominiums
•  Prepares governing documents for developer of multiphase, mixed-use homeowners associations consisting of residential homes, recreational facilities and multiple commercial properties.

Rory K. Nugent
Rory Nugent’s practice is centered on community association law, with a focus on collections. Rory has significant experience assisting in the representation of commercial condominium associations and a significant variety of experience in civil matters, including landlord-tenant disputes, drafting and review of contracts and collection of judgments.
Rory also serves as Supervising Attorney for RB’s Community Association collections practice.

Representative Experience

•  Oversees assessment collections for over 90 homeowners and condominium associations across Fairfax, Arlington and Stafford Counties
•  Represents associations, as well as individual owners, in disputes involving covenants, parking and contractual issues
•  Extensive experience drafting a variety of policy resolutions, as well as amendments to governing documents
•  Authors opinion letters for clients on matters including home-based businesses, commercial vehicles and common area liabilities

Hillary A. Collins
Hillary Collins represents homeowners’ and condominium associations throughout Maryland and Northern Virginia.  Her practice focuses on assisting associations with revisions to governing documents and on collection efforts.

Representative Experience

•  Revises outdated governing documents to incorporate newly adopted provisions of law and to delete obsolete provisions pertaining to declarant rights and obligations
•  Implements new policies to maximize collection efforts in a challenging economy
•  Drafts policy resolutions to address the unique and often complicated circumstances faced by associations in the areas of due process, architectural control, design guidelines, Fair Housing accommodations, and insurance deductible responsibility

Erik W. Fox
Erik Fox’s community associations’ practice is centered on representing age-restricted communities, condominiums and homeowners’ associations.

Representative Experience

•  Turnover from declarant control
•  Amendment of governing documents
•  Covenant enforcement cases
•  Establishing and enforcing rules for use of common recreational facilities
and contracting for use of recreational facilities by other organizations
•  Tree removal/protection issues
•  Claims of discrimination under the ADA and the Fair Housing Act
•  Opposing zoning matters on adjacent properties
•  Handling volatile Board and annual meetings
•  Easement issues, particularly landscape and open space easements

Douglas S. Levy
Doug Levy’s practice focuses on representation of property owners’ associations and condominium associations.

Representative Experience

•  Handles assessment collections for homeowners’ associations and condominium associations across Northern Virginia
•  Prepares and reviews contracts with service providers for community associations
•  Extensive experience drafting a variety of policy resolutions, as well as amendments to governing documents
•  Advises Boards of Directors for community associations on issues relating to the governance of the association and enforcement of the association’s governing documents
•  Represents new condominium associations in construction warranty defect litigation

Kathleen N. Machado
Kathleen Machado’s practice concentrates on community association law.

Representative Experience

•  Represents condominium associations and homeowners’ associations in collection efforts against delinquent owners
•  Coordinates, monitors and prepares recommendations and documentation related to covenant enforcement actions
•  Provides counsel regarding interpretations of legal documents
•  Prepares and amends legal documents, including Articles of Incorporation, Declarations, Bylaws and Policy Resolutions
•  Obtains certifications for eligibility for Federal Housing Administration financing
•  Attends and assists with annual association meetings and Board of Director meetings
•  Trains Boards of Directors
•  Reviews, negotiates and revises contracts, easement agreements and settlement agreements

Winta Mengisteab
Winta Mengisteab’s practice concentrates on community association law.

Representative Experience

•  Negotiates service contracts
•  Obtains FHA pre-approval
•  Transfers storm water management/maintenance facility responsibilities from community associations to local government control
•  Drafts easement agreements
•  Defends lawsuits/complaints against the association, often for disputed contracts or complaints submitted to various consumer rights commissions
•  Defends complaints against associations for alleged Human Rights violations
•  Negotiates condemnation/eminent domain matters
•  Collects unpaid condominium fees and association assessments

Marguerite L. Selton

Marguerite is an associate with our Community Associations Group, who joined us following an active trial and appellate practice career in New Jersey. She has demonstrated familiarity with insurance indemnity and coverage issues, contract law and zoning challenges.

Representative Experience

  • Amends associations’ Articles of Incorporation, Declaration and Bylaws
  • Drafts and amends Policy Resolutions, Charters and Architectural Guidelines
  • Collects and secures delinquent assessments by filing lawsuits and liens and by initiating foreclosure actions
  • Interprets restrictive covenants and suggest enforcement methods and options
  • Drafts and reviews management and service provider contracts
  • Attends annual meetings, Board meetings and covenant violation hearings

  Joseph J. Shannon

Joseph Shannon represents community association clients, including condominiums and homeowners associations located in Virginia. Prior to joining Rees Broome, PC, Joseph gained extensive experience representing Mortgage Lenders and Trustees in litigation involving foreclosures in Virginia involving issues such as:

• Priority of Liens
• Eviction
• Condemnation
• Boundary Line Dispute
• Judicial Sale by Lien holders
• Breach of Fiduciary Duty/Wrongful Foreclosure
• Fair Debt Collection Practices Act
• Partition

Kelly C. Zook
Kelly Zook’s practice concentrates on community association law.

Representative Experience

•  Amends associations’ Articles of Incorporation, Declaration and Bylaws
•  Drafts and amends Policy Resolutions, Charters and Architectural Guidelines
•  Collects and secures delinquent assessments by filing lawsuits and liens and by initiating foreclosure actions
•  Interprets restrictive covenants and suggests enforcement methods and options
•  Drafts and reviews management and service provider contracts
•  Attends annual meetings, Board meetings and covenant violation hearings
•  Provides Board Member and Committee Member training and parliamentary advice

>Back to Client Services