LITIGATION

Generally, not-for-profit community associations must carefully consider the pro’s and con’s of litigation on any particular issue. Whether the board decides to pursue foreclosure of an assessment lien against a delinquent owner, or decides to pursue a vendor or developer for breach of contract, The Firm has the depth of litigation and actual trial experience to properly advise and guide the Board on these very important considerations. Community association litigation often involves the following issues:

• Assessment Collection and Foreclosure
• Covenant Enforcement
• Vendor Contract Disputes
• Breach of Fiduciary Duty
• Real Estate Disputes
• First and Third Party Insurance Claims
• Mortgage Foreclosures
• Bankruptcy (Chapters 7, 13, and 11)
• Owner Disputes and Claims
• Arbitration and Administrative Action

Litigation can be uncertain. The Board, with guidance of qualified legal counsel, has to weigh the risk/reward potential of the particular matter. The Whynot Law Firm team prides itself in being able to think outside of the box and offer uniquely tailored solutions for the betterment of the community. The Association can rest assured and be confident in the many years of conflict resolution and trial experience provided by the Firm.