Community Association Law
Earnshaw & Shearer provides comprehensive legal representation for community associations in all areas affecting the existence and operation of the association. These areas include transition from developer control; covenant enforcement; assessment collection; litigation, mediation and arbitration; contract negotiation; and amendment, preservation or revitalization of the association’s governing documents. We can also help associations recover damages caused by construction defects. Earnshaw & Shearer also provides representation to association clients in general corporate, commercial, insurance and governmental matters.
Attorneys Jay Shearer and Jeff Earnshaw have represented hundreds of associations. They use that experience to provide efficient and cost effective representation for community association clients.
Earnshaw & Shearer places a high priority on providing counsel to our clients in finding permanent solutions to their problems (which aren’t always found in the courtroom). Of course, we provide aggressive representation when litigation is advisable or unavoidable.
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Some of the areas that we can advise and represent Condominium and Homeowners Associations include:
Collection of assessments
Construction defects against contractors and developers
Contract review and negotiations
Covenant enforcement
Defense of mortgage foreclosure actions
Drafting amendments to governing documents
Drafting rules and regulations
Drafting notices and limited proxies for meetings
General legal counsel for Associations
Landlord/Tenant Issues
Legal opinions regarding board action or interpretation of governing documents, statutes, and regulations
Representation at Administrative Hearings
Stormwater Management issues
Transition/Turnover from developer control
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