Association Law

Thurman, Wilson, Boutwell & Galvin P.A. has over 25 years experience providing representation in association matters in the greater Charlotte area. We represent homeowners and condominium associations, non-profit corporations, owners in a dispute with an association, and management companies. Our clientele includes a long list of associations and we have advised HOA boards and directors for decades.

Collection Process

The collection process includes a demand letter for delinquent dues or assessments, a lien, and then a foreclosure. Proper notice must be given at each stage. Thurman, Wilson, Boutwell & Galvin P.A. typically charges a flat fee for notice letters and for filing liens on behalf of its clients. Our firm has extensive experience in foreclosure litigation – both completing HOA foreclosures and defending owners who are unfairly sued.

Violation of association provisions may result in a Notice and Fine procedure. Notice of the offense is given to the owner and an opportunity to be heard is sent to the owner. If the violations are upheld, the association can levy a fine which may continue from day to day until the violation is cured. Enforcement of fines can occur through the demand, lien, and foreclosure process.

Associations

A homeowners association may include a single family residential homes or townhomes in development known as a planned unit development (PUD). Typically, homes and yards are owned by the owners while the association owns and manages a Common Area, which may include a playground, a pool, tennis courts, walking trails, or other amenities. Dues may be assessed on a monthly, quarterly, or annual basis. The respective responsibilities of the owner and the HOA may vary depending on the type of homes in the development.

A condominium is building and land collectively owned by the owners. A condominium includes Units and Common Elements. The laws governing a COA are different than an HOA due to the form of ownership. These laws impact items such as repairs to damaged units, insurance, amenities, and utilities.

Thurman, Wilson, Boutwell & Galvin P.A. works with a number of management companies and represents scores of community associations in the greater Charlotte area.

HOA Litigation

When disputes arise, law suits may occur concerning dues, fines, improvements, architectural control issues, vehicle parking, nuisance activities, or supervision of the recreational areas. Because of its litigation expertise, our firm has handled association matters in the trial courts and appeals courts of North Carolina.

Governing Documents

Governing documents for an association include Articles, Declaration, Bylaws, and Rules and Regulations. Our firm drafts these documents as well as amendments to them. Organizational documents are normally filed by a developer who is called a Declarant. Declarants file plats or condominium plans that help define the boundaries and improvements of the area.

An association is normally a nonprofit corporation governed by its members and a Board of Directors. We meet with boards regarding difficult issues, and conduct membership meetings at special meetings and annual meetings.

For help with homeowners association matters and litigation, contact us today. Thurman, Wilson, Boutwell & Galvin P.A. can help. Call us at (704) 377-4164 to speak with an attorney who will listen to you.