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Condo | HOA Lawyers


Our community association operations practice encompasses the broadest spectrum of work the Firm handles, touching on every aspect of running a community association. A brief sample of just some of the topics our attorneys handle include:

Bank Loans – Kaman & Cusimano has been involved in over 200 community association loan transactions having a total value of over $100 million, ranging from a low of $10,000.00 to the highest ever reported condominium loan in Ohio of $12 million

Contract review, drafting, and negotiation for association benefit and protection, including

  • Management
  • Oil and gas
  • Roof, siding, drainage, sewer lines, retaining walls, windows, foundations, elevators, and other property repairs
  • Landscaping and snow removal
  • Trash removal
  • Laundry equipment​
  • Interior decorating
  • Engineer, architect, consultant, and other contracts for professional services
  • Website hosting and other Internet services
  • Utility, cable television, and security
  • Cost sharing agreements with adjacent property owners
  • Waiver and release agreements for volunteer work in community

and including analysis of

  • Completion deadlines and liquidated damage remedies
  • Right to inspect and approve work and withhold payments
  • Termination rights and remedies
  • Dispute resolution
  • Time for Completion
  • Property damage protection
  • Compliance with Federal safety and immigration requirements
  • Liability for damage and injuries
  • Method of payment and change order procedures
  • Insurance requirements

Declaration and Bylaws review, interpretation, and drafting, including

  • Interpretation of association and owner maintenance responsibilities
  • Interpretation of liabilities from water leaks, common property repairs, and other causes of damage
  • Interpretation of board power and authority and requirements for owner votes

Easement drafting and review, including easements for

  • Utility installations
  • Roads and other access ways
  • Property encroachments
  • Owner improvements extending into the common property

Employee matters, including

  • Employee handbook drafting and review
  • Employment contracts, including non-compete and non-disclosure agreements
  • Employee benefits, discipline, and termination issues
  • Workplace discrimination and harassment claims
  • Review of proposed contracts
  • Independent contractor agreements

FHA & VA condominium approvals, including

  • Assessment of ability to qualify for FHA financing
  • Completion and submission of FHA forms, including statement of compliance with Federal requirements

Government matters, such as

  • Building code, fire code, and zoning code issues and compliance
  • Eminent domain and taking issues

Handbook of Rules/Information complete rewrites and reviews of board drafted handbooks, including verification of compliance with

  • Declaration and Bylaws
  • State and Federal laws, including satellite dish regulations, flag regulations, solar energy collection device laws, laws regulating pool, and fair housing law

Insurance Policy Review including

  • Compliance with association declaration
  • Analysis of risks included and excluded from coverage, such as interior building damage, discrimination and fair housing claims, and flood damage

Nonprofit Corporation monitoring and compliance, including

  • Timely renewal of association’s/community’s corporate status
  • Serving as statutory agent

Reserve and Budgeting guidance, including

  • Full funding requirements and ability to obtain waiver of same
  • Allocation of year-end budget surplus
  • Definition and determination of capital improvements and reserve expenses
  • Required annual budget motions