Homeowners Association & Condominium Law

With over 100 years of experience in real estate and community association law, Steptoe & Johnson’s attorneys understand the complex and specific statutes, regulations, and cases that govern community associations and recognize the challenges involved in navigating social issues in communities such as social media and community discourse. Our Homeowners Association and Condominium Law Team represents a variety of property owners’ associations, including co-ops, homeowners associations (HOAs), master-planned, condominium, townhome, commercial, and single-family communities.

The landscape of real estate is ever-changing. In recent years, there have been changes in regulatory authorities of community associations, an uptick of rentals (short and long term), and an increase in community online presence. These changes bring with them an increase in owner expectations when it comes to community management and operational change.

The depth and breadth of the interface among boards, owners, and management lay the foundation for a successful community experience. Our lawyers utilize the boardroom to educate boards and management on both the law and a multitude of issues confronting community associations, thereby increasing the chances that our community association clients will be able to avoid the courtroom.

While corporate governance, collections, and compliance will always be among the core issues our team addresses, success in the practice of community association law requires a focus on civility and communication with the goal of preservation and enhancement of both community spirit and property values.

Our Homeowners Association and Condominium Law team regularly provides our clients with a wide array of services, including but not limited to:

Creation of communities and community associations such as Co-Ops and HOAs
Corporate governance, including opinions, policy guidance/drafting, and state and federal law compliance
Governing document creation, amendment, and interpretation
Vendor contract review and master service agreement creation
Construction contracts, insurance protections, and project management recommendations for major renovations, with the depth to focus these services on condominiums
Insurance coverage and risk management counseling
Moderation of productive board and member meetings, including elections
Collection of delinquent assessments
Restrictive covenant enforcement
Alternative dispute resolution and mediation strategy
Social media strategies
Communication strategies
Board orientations and owner orientations
Labor and employment compliance and risk management
Legislative update education and document amendment/creation as may be prudent

Representative Experience

Assisted clients with preparation of governing documents to ensure compliance with state and federal law
Defended clients in Texas Workforce Commission complaints arising out of claims of Fair Housing Act violations involving discrimination on the basis of disability and race
Served as general counsel to residential property owners associations in all aspects of corporate governance
Guided an association with a high level of accounts receivables related to unpaid assessments through a client-specific collection strategy that resulted in a dramatic increase in the collection of unpaid assessments
Drafted and marketed to the owners in a community an update to the declaration of covenants and restrictions that helped preserve the look of the community while allowing flexibility for major renovations to the aging homes in the community
Guided a board of directors and the community’s membership through a dispute centered on updates to legislation and how certain improvements such as solar panels, flagpoles, rainwater harvesting devices, and religious items were to be regulated in the community
Guided a condominium through challenges created by the Texas winter storm of 2021, including solutions for inadequate insurance payment, engagement of the appropriate experts to ensure building regulation/ordinance compliance, and management of the required displacement of some residents given the inhabitability of the damaged units
Provided labor and employment guidance to a high-rise condominium and master-planned community with 20+ employees including maintenance, security, management, and housekeeping/concierge personnel
Provided corporate and risk management advice to a 200,000-acre recreation-oriented community with cabins, café, gift shop, swimming pool, airstrips, and extensive road network
Counseled a large-scale resort-style gated community through collections strategies and navigation of significant water issues, as well as negotiations with the local utility districts regarding private street maintenance, treatment of wastewater, and recycling of the effluent to maintain the golf course to effectuate the preservation of water

Highlights

Team members are Board Certified in Residential Real Estate Law and Property Owners Association Law
A team member has received professional designation from the Community Associations Institute as a Certified Manager of Community Associations
Two team members are Fellows of the College of Community Association Lawyers; approximately 200 Fellows exist nationally, and our team members are two of six who practice in Texas
Team members serve on the Board of Directors for regional Chapters of Community Associations Institute and are multi-chapter members in Texas
Team members have written and presented on community association issues on an international, national, and local scale for the Community Associations Institute
Team members have written and presented on community association issues for the State Bar of Texas
Team members possess experience in the legislative processes both nationally and locally, with a history of board service and committee service for the legislative actions groups that protect the rights of communities