In disputes arising from condo ownership, a condominium lawyer represents the owners. A condominium attorney’s functions and responsibilities vary depending on who the lawyer represents and the nature of the dispute. A condo lawyer can represent a condo board, a condo owner, or a condo tenant.
Condominium ownership is a distinct type of real estate ownership. Although a condo owner owns a 100 percent interest in his unit, he usually also has a shared interest in the building in which the condo is located, as well as the building’s amenities. Due to the shared nature of property ownership, certain issues may arise, prompting one or more parties involved in a dispute to seek the advice of a condominium lawyer.
With shared ownership, some method of determining who will pay for upkeep and how the space will be shared and governed must be established. In most condo buildings, a condo board or condo association is in charge of maintaining order and regulating the common areas. All condo owners in a given building are generally required to pay fees or association dues to the condo board and to follow the condo board’s rules.
A condominium lawyer may be needed when a dispute arises between a condo owner and the condo board. The lawyer may represent either the board or the individual condo owner who is involved in the dispute. The attorney will be bound by a fiduciary duty to represent the interests of the party he is representing.
If the condominium lawyer works for the condo board, he can file a lawsuit to compel a tenant to follow condo board rules. If a condo owner does not follow the rules or does not pay the condo fees, he can issue warnings of impending legal action. The attorney may also assist the condo board in pursuing unpaid dues as a condition of condo ownership.
If a condo owner believes his rights of ownership are being unfairly limited by the condo board, a condominium lawyer representing the condo owner can file actions against the condo board. When problems arise, he can also assist a condo owner in facilitating negotiations with the condo board. His goal could be to avoid litigation through negotiation and settlement, or to file a lawsuit to help a condo owner recover damages or obtain an injunction (an order requiring the condo board to stop doing something) or a motion to compel (an order requiring the condo board to do something).