Community Association Counsel
The Law Offices of Richard Salpietra serves as special counsel to common-interest developments, including single-family homes, condominiums, high-rises, planned developments, and business parks. The firm provides legal advice to the board of directors on all community association legal issues. Services include drafting, preparation, revision, interpretation and enforcement of governing documents, such as the Declaration of Covenants, Conditions and Restrictions (CC&Rs), Bylaws, Articles of Incorporation, Architectural Guidelines, and Rules and Regulations.
Community associations can receive legal counsel for annual meetings, special meetings, and voting procedures, such as reviewing insurance policies, and advising on insurance matters. The firm drafts and interprets property easements, prepares license agreements, permissive use agreements, maintenance and indemnity agreements, settlement agreements, and waivers. General counsel advice concerning general board governance and management/vendor contracts is also available.
If an association wants to make arrangements for an individual owner to assume the maintenance obligation of a certain area of property, the legal professionals at The Law Offices of Richard Salpietra can prepare agreements that clarify the maintenance obligations of specific areas within an association. Such agreements detail the owner’s and association’s responsibilities and include indemnification to protect the association. The firm will then arrange for the recording of the fully-executed Maintenance and Indemnity Agreement with the County Recorder’s Office.
When insurance claims are made or questions arise regarding insurance coverage, the firm can provide advice and counsel about the extent and scope of coverage under various types of insurance policies including directors and officers policies, general liability and project specific policies, contractors’ insurance and bonds, surety bond, business interruption, and homeowners insurance. The firm also offers advice with respect to the proper course of action and/or pursues litigation on behalf of the associations when there are coverage issues and bad faith claims.
Review/Amend Governing Documents
Having CC&Rs or Bylaws which are outdated due to changes in the law or industry standards can lead to disputes over which requirements prevail — those in the association’s governing documents or those found in California statutes.
In order for the board of directors to use the CC&Rs or Bylaws as a reference on how to properly run the association, changes may be required to update the documents or clear up conflicting provisions.
Depending on the types of changes required, the legal professionals at The Law Offices of Richard Salpietra can assist in the process to amend provisions, rewrite the entire document if needed, or prepare restated CC&Rs or Bylaws. The firm can also help ensure that the amendment or restated document is properly approved and adopted by the members.
Letters of Opinion
The board or community manager can request formal answers that address legal questions and/or address particular legal issues that arise in the governance of an association. The opinion letters written by The Law Offices of Richard Salpietra can be relied upon by the board and manager when making important decisions relevant to their associations.