HOMEOWNERS' ASSOCIATION REPRESENTATION

Homeowners’ and community associations turn to Horack Talley for guidance on every aspect of condominium and community association law.  We represent more than 500 community associations in North and South Carolina. We work with property management firms and with associations that are self-managed.

Our firm’s services include the entire spectrum of condominium and community association law, including legal treatment of the following:

• Creating and organizing homeowners’ associations
• Interpreting, enforcing, and amending restrictive covenants, by-laws, and other governing documents
• Collection of unpaid dues and assessments, including liens, foreclosures, and bankruptcies
• Attending homeowners’ association meetings and advising HOA boards on governance, compliance, and other related issues
• Real estate transactions, title disputes, and condemnation proceedings
• General litigation and dispute resolution

Collection of Delinquent Dues

Although there are various methods that can be used for the collection of homeowners dues, experience has taught us that the Claim of Lien / Foreclosure process is the most efficient and cost-effective. We have systemized much of this process, and as a result of these efficiencies are able to render these services on a “flat fee” basis rather than billing by the hour, keeping costs down.

General Counsel Services

We act as General Counsel to HOAs. These services may include matters such as researching and rendering legal opinions on interpretation of the Declarations and By-Laws; Association and Board governance issues; dealing with violations of restrictive covenants or rules and regulations; condemnation / eminent domain proceedings by local and state governments; attending Board and Association meetings; assisting with amendments to the Declarations and By-Laws. These services are billed at our hourly rates.

Bankruptcy Services

Our practice also covers representation of HOAs in bankruptcy court. The most common Chapter 13 bankruptcy relief sought by HOAs, the Motion for Relief from Stay, must be filed prior to commencing any collection activities on dues that become due after a homeowner files for bankruptcy. This Motion is handled by our firm on a flat fee basis. Often the fees can be recouped from the debtor’s Chapter 13 plan.