Advocating for Your Homeowner or Condominium Association’s Interests and Protecting Your Rights
The experienced HOA attorneys at NowackHoward represent community associations in all manner of disputes, including trials and appeals in state and federal courts, administrative hearings, and alternative dispute resolution. These also include matters such as directors’ and officers’ liability claims, covenant and rule enforcement, breach of contract cases, land use, and negligence claims. You will find our experience makes us keenly attentive to the unique elements and highly specific needs of our community association clients in every lawsuit.
As HOA and condominium association advocates, we understand the unique nature of associations and the effect lawsuits can have on a community. In any business organization, complex legal issues often intersect with personal and organizational relationships. Community associations are no exception. Despite the best intentions of the individuals involved, disagreements arise — often, in the interpretation and enforcement of the association’s governing documents.
Though community association declarations and by-laws contain provisions governing what owners can and cannot do within their community, there are times when enforcement becomes necessary. While our goal is always based upon prevention, ensuring compliance without litigation, regrettably, not all owners voluntarily comply with association documents, compelling associations to force compliance through legal action.
Partner with an HOA Litigation Attorney in Atlanta
NowackHoward’s HOA attorneys also help board members understand state insurance laws and coverage requirements. One of the most important duties of a board is to ensure that the association carries all required and adequate insurance coverage. In addition, as the insurance and risk management environments are more tumultuous than ever, we work closely with insurance companies to understand and interpret the latest laws to protect association board members.
Having NowackHoward on your side means having the strongest advocate tirelessly working for your interests to maintain a harmonious and prospering community association.
The Counsel Every Community Needs.
Why NowackHoward?
- Proactive Prevention: Our focus is on ensuring compliance and preventing disputes, but when litigation becomes inevitable, we’re prepared to vigorously represent your association’s interests.
- Comprehensive Knowledge and Experience: From liability claims to breach of contract cases, our attorneys possess the comprehensive knowledge and experience in all aspects of HOA litigation.
- Community-Centric Approach: We understand the importance of maintaining a harmonious community. Our strategies are designed not only to resolve disputes but also to foster long-term community well-being.
- Insurance Advice: Beyond litigation, we assist HOA Boards of Directors in navigating complex insurance laws, ensuring your association is adequately covered in an ever-evolving risk landscape.
NowackHoward’s Litigation Team
Partner with NowackHoward for a dedicated and experienced HOA litigation team committed to the success and prosperity of your community association. Contact us today to discuss your unique needs and challenges.
Recent articles from Our HOA Litigation Team
Blog
Six Common Types of HOA Litigation That Owners May File Against a Community Association
Read Post >Frequently Asked Questions
When should an HOA Board escalate a dispute to litigation?
An HOA Board should escalate a dispute to litigation when informal resolution attempts fail, the matter involves significant financial impact or legal violations impacting the community at large, or when the association’s rights or governing documents are being challenged. Litigation becomes necessary when covenant violations persist despite warnings, owners refuse to pay assessments after collection efforts, or third parties breach contracts with the association.
How long does litigation typically take in Georgia courts?
Litigation in Georgia courts typically takes 12 to 24 months from filing to resolution, though complex cases or appeals can extend significantly longer. The timeline depends on factors including court schedules, discovery requirements, motion practice, and whether the parties reach a settlement before trial.
How can an HOA minimize risk while pursuing litigation?
An HOA can minimize risk while pursuing litigation by maintaining thorough documentation, including pictures of covenant violations, following proper procedures outlined in the community’s governing documents, ensuring consistent enforcement of rules, and working closely with experienced legal counsel throughout the process. Boards should also maintain adequate insurance coverage and evaluate settlement opportunities to avoid prolonged and costly court battles.
How can a litigation attorney guide an HOA through settlement negotiations?
A litigation attorney can guide an HOA through settlement negotiations by evaluating the strength of the association’s case, identifying reasonable settlement options or ranges, communicating offers and counteroffers professionally, and advising the Board on the risks and benefits of settlement versus trial. Experienced counsel helps Boards achieve favorable outcomes while avoiding the uncertainty, expense, and time commitment of protracted litigation or a costly trial.
