Rhode Island & MA Condominium Attorneys
Through the years, the number of condominium associations in Rhode Island and Massachusetts has dramatically increased. The related legal considerations relating to condominiums can seem overwhelming. Whether you are a board member, unit owner, condominium developer or property owner looking to convert an existing property into a condominium it is crucial to have proper legal representation.
Located in Cranston, Palumbo Law is the premier real estate law firm serving clients in Warwick, Coventry, Johnston, Providence, Pawtucket, Central Falls and throughout Rhode Island and Massachusetts. We are a full services condominium law firm. Our condominium attorneys and legal staff can assist you with all of your condominium legal needs including formation of condominium associations, drafting condominium association declarations, bylaws, amendments, etc., amendment of existing condominium documents, transition of control from the declarant to the unit owners, property management, easement issues, tax questions, financing, insurance coverage and insurance claims, condominium fee collections, FHA certification, resale certificates, assisting the board of directors of the association, rule enforcement, collections of past due condominium fees, loans for the condominium association, FHA certification and recertification, resale certificates, dispute resolution and litigation, insurance adjusting of large losses, litigation for denial or delay of an insurance claim and representing developers of condominiums.
Condominium Developer Representation
Palumbo Law and its team of condominium attorneys provide representation for some of the largest and most successful developers in Rhode Island and Massachusetts and offers all aspects of developer representation including: drafting and negotiating custom purchase and sales agreement, assistance with due diligence items (i.e. inspections, environmental reports, surveys, engineering reports, etc.), title searches and title insurance, escrow services, developer representation at the purchase closing; land use approvals; drafting of home owner association documents, drafting of simple to extremely complex and creative condominium documents to offer our developer incredible development flexibility, representing the developer at the closing of the purchase of the land, representation of the developer at the closings of the sale of the units and general condominium legal counsel to help ensure the most successful and profitable condominium projects. Our condominium lawyers have successfully completed simple to very complex condominium developments of nearly all types. We look forward to making your next condominium project a success.
Condominium Document Packages for Declarants, Developers and Associations
Our condominium law firm offer extremely competitive and cutting edge condominium document packages at a flat rate. Our flat rate condominium document packages include the following: declaration of condominium, bylaws, rules and regulations, sample amendment, sample unit owner’s deed, sample proxy, sample certificate of completion, limitation of warranty, public offering statement or waiver for commercial projects, custom drafted purchase and sales agreement, review of title, review and counsel regarding condominium plats and plans and other miscellaneous items depending on the project.
Why deal with the uncertainty of an hourly contract when a flat rate offers your absolute certainty? A condominium lawyer from our firm can typically provide a flat rate proposal within 24 hours of the request. Our streamlined condominium document package is straightforward and simple. You simply return a condominium formation worksheet and client services agreement and we will begin the process. A condominium attorney is always available to consult via phone, email or in person – whatever is most convenient for you.
Condominium Association Attorneys And General Condominium Counsel
Palumbo Law and its team of condominium association attorneys provides comprehensive legal services to condominium associations of all sizes. Whether you are a three unit condominium association or a three hundred unit condominium association; residential condominium association or commercial condominium association, our condominium law firm leverages our extensive condominium legal knowledge to design innovative solutions to the legal challenges faced by condominium associations.
Our condominium lawyers have extensive experience reviewing, drafting and amending condominium documents including declaration of condominium, bylaws, rules and regulations, amendments, unit owner’s deeds, proxies, certificates of completion, limitations of warranty, public offering statements, notice of meetings and all other condominium related documents. Our condominium attorneys are always ready to assist you with answers to questions regarding unit owner rights, violations, notice of violations, covenant hearings, limited common element questions and other condominium legal questions that often challenge condominium associations and the property managers that assist the associations. A condominium attorney from our firm is ready to assist you with the transition from declarant developer to unit owner control of the condominium association and the difficult issues relating to the transition process.
“Never a Fee” to the Condo Association for Collection of Past Due Condominium Fees
Your condominium association should never pay a collection fee for past due condominium fees. Our condominium collection attorneys, condominium collection paralegals and legal team have helped hundreds of condominium associations in Rhode Island collect past due condominium fees. We do not charge the association to collect condominium fees. We do not charge a percentage of what we collect. The association gets all of the past due condominium fees that we are legally able to collect without a deduction for our legal fee, costs and/or expenses. We get paid by the unit owner or mortgagee. Our streamlined condominium collection fee process is straightforward and simple. You simply return a condominium collection worksheet and client services agreement along with your condominium documents and we immediately begin the condominium collection process. A condominium collection attorney is always available to consult via phone, email or in person – whatever is most convenient for you.
Loans for Condominium Associations.
We have a network of condominium lenders who specialize in loans for condominium associations. Our firm is one of the select few condominium law firms that close condominium association loans. Condominium Association Loans are not secured by a mortgage on the real estate or units but secured by the monthly condominium fees in the form of a security agreement and UCC-1 financing statement.
Condominium loans can be used by the condominium association to make needed repairs to your condominium association including new roofs, siding, decks, porches, parking lots and more. Our condominium association loan process is simple and straightforward. Simply contact our office and we will provide you with loan terms and an application from one of our select and pre-screened condominium association lenders. You complete and return a basic, no obligation application and we begin the pre-approval process. A condominium association loan attorney is always available to consult via phone, email or in person – whatever is most convenient for you.
A condominium is any real estate project that includes individually owned units (i.e. a residential condominium unit, commercial condominium unit, etc.) and common elements (i.e. general common elements and limited common elements) that are owned by the unit owners. The declaration must be recorded in the land evidence records of the town or municipality where the condominium is located. Our experienced condominium association attorneys routinely prepare declarations and other essential condominium documents.
Declaration, Bylaws and Rules and Regulations
The declaration declares or creates the condominium form of ownership. The bylaws are the governing document of a condominium association and may contain some of the more serious restrictions of the condominium as compared to the rules and regulations of the association. All provisions of the declaration, bylaws and rules are all enforced by the association’s elected officials, board members or executive board. The declaration and bylaws can be amended by a certain percent vote of the association members. The declaration and bylaws clarify the rights and responsibilities of the owners and the community. The declaration and bylaws may prohibit owners from altering the exterior with the permission of the association, may regulate pets or leasing and allow representatives of the association to enter a owner’s unit.
The Responsibilities of the Board of Directors
The condominium board of directors is tasked with carrying out its duties in accordance with state law and the governing documents of the condo association, in particular the bylaws. The board members are elected by the unit owners to run the association and manage the property. In some cases, the board may assume the management duties, although many associations hire managers. In carrying out its administrative duties, the board is often called upon to resolve community problems ranging from property damage to disputes between owners and residents. The directors have an obligation to act in the best interests of the association.
Unit Owners are responsible for repairs to their units. However, the board is responsible for the maintenance of the common areas, such as the building exterior, hallways and parking lots, or amenities such as pools, tennis courts, and boat docks, etc. The board is also required to arrange for regular inspections and routine maintenance, and make additional repairs as needed.
The board is responsible for managing the condo association’s finances, the proceeds of which are derived from fees that assessed to each member or owner. The fees, used for the association operations, such as administration and repairs, are adjusted annually according the association’s budget. The board is responsible for collecting the fees from the owners and taking legal action against owners who don’t or refuse to pay.
Attorney Richard Palumbo is a frequent speaker regarding condominium law. Some of the educational condominium law seminars that Attorney Palumbo has presented at are listed below.
“Legal Aspects of Condominium and Homeowners’ Associations in Rhode Island” sponsored by Lorman Education Services
“Rhode Island Condominium Law” sponsored by The Rhode Island Realtors Association
Condominium law is a unique aspect of real estate law. Our highly capable condominium legal team routinely provides superior legal representation to condominium associations and developers. Call our office today to set up a consultation or complete the contact form on our website.