Becker is most well-known for its reputation in the area of community association law, representing condominiums, cooperatives and homeowners associations. The firm has been a pioneer and industry leader in this field since 1973.
The attorneys in this practice group cover the entire spectrum of legal counseling of community associations. Each attorney plays an integral part of their association’s professional team, assisting the Board and management prepare for and conduct meetings; answering questions about the governing documents and the pertinent law; enforcing and drafting amendment to the governing documents and; drafting and negotiating contracts for provision of services.
Each client is assigned an attorney in the practice group who is primarily responsible for providing legal counseling to the officers and directors, as well as the property manager, on the operation of the Association. The Association’s attorney also serves as a liaison between the client and other attorneys in the Firm to ensure that all the association’s legal needs are being met by attorneys who practice in those specialized areas, such as construction, real estate transactions, government relations, litigation, insurance claims, collections and employment law.
Among the types of services routinely provided to clients are the following:
- Legal counsel in the application of state and local law and court rulings and administrative decisions impacting on the operation of community associations.
- Ensuring compliance with applicable federal, state and local laws.
- General legal and business advice regarding day to day matters.
- Preparation and negotiation of service contracts, employment contracts and commercial leases.
- Collection of outstanding maintenance, common charges, and assessments.
- Resolution of disputes among unit owners.
- Assistance with procuring commercial loans; negotiation of loan documents for secured and unsecured loans.
- Addressing maintenance and repair issues and distinguishing between those projects which require Board approval and those which require unit owner approval.
- Assisting in planning and developing contracts for construction projects and complying with construction lien laws.
- Attending board and membership meetings.
- Reviewing contracts for other services.
- Answering day-to-day questions regarding operational, technical, regulatory, and practical issues.
- Advising on Hurricane preparation, protection and counsel on recovery and rebuilding efforts.
- Assisting the Board of Directors on fiscal matters, such as budgeting, levying special assessments, and establishing reserves.
- Drafting and reviewing contracts for the management, maintenance, repair and operation of the community.
- Collection of delinquent assessments.
- Counseling owners’ ad-hoc committees in the pre-transition phase of the Community’s evolution.
- Providing legal counsel for post-transition, unit owner-controlled Association on developer issues, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls.