Lueder, Larkin & Hunter, LLC
(770) 685-7000 - Alpharetta
(404) 814-9080 - Buckhead
Collections
We know the importance of collecting assessments. We know that boards of directors do not want to pay hundreds or thousands of dollars per delinquent owner without getting results. Our firm therefore pioneered the industry with results-oriented collections that we call Common Sense Collections. We place the financial burden of collections and place it where it should be – on the delinquent owner. Please contact us for details.
Governing Documents & Amendments
We provide legal opinions, interpretation and analysis of the community’s governing documents (e.g., Declaration of Condominium, Declaration of Covenants, Bylaws, etc.) in relation to applicable Georgia and federal law, including the Georgia Condominium Act, the Georgia Property Owners’ Association Act, and the Georgia Nonprofit Corporations Code. We attend board meetings and membership meetings. We prepare amendments to the community’s governing documents. In many instances, small amendments are needed from time to time; while in other instances, a complete rewrite of the entire governing documents may be warranted. We also work with voluntary associations that are seeking to implement covenants and create mandatory membership associations.
Enforcement
Owners purchasing a home or condominium unit in a planned community are required to follow the governing documents and the rules and regulations of the associations. Most owners comply. There are, however, some owners who will not comply. This puts the board of directors in a position of either requiring compliance through enforcement or ignoring the violation. Ignoring the violation often makes future enforcement very difficult and is not recommended. Our firm issues effective fining letters and, when necessary, we file enforcement lawsuits to force an owner to comply with the governing documents.
Developer & Turnover
A natural progression of our community association practice has been to represent developers in creating new associations and preparing the governing documents for new condominiums, townhouse developments, and subdivisions. Our governing documents for new communities are written to provide the developer the protections it needs and to ensure a smooth running of the community long after the developer has sold the homes and moved onto a new project. We also work with new boards following the turnover of control of associations from developers to homeowners. Most first time board members in new neighborhoods, as well as existing neighborhoods, lack the legal knowledge they need. We offer that knowledge and experience. Our Articles & Resources page also includes our twenty-five suggestions following turnover.
General Litigation
The attorneys in our litigation practice are experienced in trials, hearings, pleadings, motions, briefs and appellate work in both state and federal courts. Our approach begins with the belief that most disputes can be avoided and resolved before a lawsuit is required; but when a dispute cannot be resolved to our client’s satisfaction, litigation may be necessary to protect the client and to force a resolution of the dispute consistent with the best interests of our client. Our litigation attorneys offer solid case management and trial skills. We know the law and the arguments to use in court. Whether the litigation involves community association issues, construction negligence issues by a developer following turnover, or any other litigation matter, we have the experience you need.
Construction & Contract Law
Our firm routinely reviews and drafts contracts for various services and construction projects. Community associations routinely enter into contracts with pool companies, landscapers, cable providers, and other vendors. Repairs, renovations and remodeling also require associations to enter into contracts with construction contractors. Being aware of contractual rights and protecting the association through modifications and addendums to the contracts before the contracts are signed and become legally binding is extremely important.
Legal Aid
Our firm provides legal aid services to clients in the areas of adoptions (domestic and international) and elder care. For information, contact Christina Bennett at .
Common Sense Collections
Common Sense Collections removes the financial burden of collections from the association and place it where it should be - on the delinquent owner. Go