Your Neighborhood Law Firm

Addressing condominium association disputes

Condo associations have many responsibilities. Sometimes, disputes arise and the association may need help to address them.

Condo covenants, conditions and restrictions (CC&Rs)

A CC&R is a legal document that addresses the condo’s development and the expectations for condo resident behavior. They are often enforced by the condo or homeowners’ association and are meant to reflect the interests of the whole community.

They may include restrictions on property use, specifically for individual condos and common areas regarding noise and parking, for example. They may also lay out who is responsible for the maintenance and repair of the exterior of the building and landscaping.

Sometimes, they also outline how the condo association collects fees from owners and include a process for what happens if they do not pay. They may also include procedures for dispute resolution between the owner and the association.

Common disputes

The condo association may be faced with a variety of disputes. Commonly, condo owners may state that the association did not fulfill its obligations in the CC&R, specifically failing to maintain common areas, provide required repairs or did not enforce rules and regulations. Usually, this is because there is a dispute over how the CC&R is interpreted.

Disputes may arise over the amount of fees collected by the association and what they are used for. If the condo association assesses a fine for a violation, the condo owner may also dispute that the violation actually occurred.

If the condo association cannot resolve the issue using its internal resolution process, it may need support from a qualified professional.