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