Maryland / DC Condo & HOA Attorneys
Maryland / DC Condo & HOA Attorneys

MARYLAND CONDOMINIUM ATTORNEYS

Condos, HOAs and Co-Ops in MD and DC

410-327-3800 | 202-670-6289 | 301-830-8315

Maryland and DC Condominium Attorneys and HOA lawyers representing condominiums in Washington DC and Maryland

MARYLAND CONDOMINIUM ATTORNEYS LAW PRACTICE

Cowie Law Group, P.C. is a Condominium Association and HOA law firm. Our Maryland and Washington DC condominium attorneys and HOA lawyers provide legal advice and legal representation to condominium associations and homeowners associations (HOAs) throughout the State of Maryland and Washington DC (District of Columbia). Examples of the services provided by the Maryland Condominium attorneys and Washington DC lawyers at Cowie Law Group, include:

  • interpretation, enforcement and amendment of governing documents; written legal opinions association boards can rely upon;
  • creation of association rules and procedures;
  • review of proposed contracts and negotiation of terms that ensure association rights are protected;
  • preparation of legal documentation for major common element renovation and repair projects to protect associations from defective construction, untimely work and payment disputes;
  • complementary developer transition consulting with newly elected association boards so they understand their rights and responsibilities and have a timeline for identifying, preserving and making timely construction defect warranty claims before warranties expire; and
  • assessment collection and lien enforcement.

Our firm’s Maryland condominium attorneys are well versed in Maryland and Washington DC Condominium and HOA law and sought after by association board members and their association community managers for sound legal advice.

The Maryland Condominium Attorneys at Cowie Law Group are also known for their ability to litigate, arbitrate, mediate and settle legal claims of all levels of complexity on behalf of condominium associations and HOAs, including construction defect claims, structural warranty claims, developer transition disputes involving association finances, vendor contract disputes and claims involving defective renovation and repair of common element facilities. Property managers and association attorneys routinely contact the Maryland condominium attorneys at Cowie Law Group, P.C.  for complementary consultation when their association clients are facing serious legal claims, knowing from experience our firm’s reputation and track record in court on behalf of associations, and our ability to settle most condominium an HOA claims prior to litigation and/ prior to trial.

Cowie Law Group represents condominium and HOA community associations of all types and sizes, including high-rise condominiums, mid-rise condominiums, townhouse condominiums, “two over two” condominiums, cooperative housing communities, single family homeowners associations and mixed use condominiums.

Note Regarding Community Association Terminology:

The Maryland Condominium Act defines a condominium association as a “council of unit owners.” Homeowners association are governed by the Maryland Homeowners Association Act and and typically referred to as an “HOA.” The Washington DC Condomium Act , defines a condominium association as a “unit owners’ association.” Cooperative housing communities are sometimes referred to as “Co-ops” or “cooperatives.” Condominiums, HOAs and Co-ops are collectively referred to as “community associations” or “common interest communities.”

The term “developer” is frequently used herein to describe the person or entity that creates a community association. “Developer” is the terminology used by the Maryland Condominium Act for this purpose. However, a developer is referred to as a “declarant” in both the Maryland Homeowners Association Act and the District of Columbia Condominium Act.

The terms “board of directors”  or “board” and its “members” or “board members” are terms that refers to the governing body of a community association and the individuals who make up the governing body. This is the terminology used by the Maryland Condominium Act. However, it should be noted that the “board of directors” is also referred to as the “governing body” in the Maryland Homeowners Association Act and the “executive board” in the District of Columbia Condominium Act.

Cowie Law Group’s Maryland and Washington DC condominium attorneys and lawyers are active in the community association industry. We are members of the Chesapeake Region and Washington Metro Chapters of the Community Associations Institute (‘CAI”) as well as the Delmarva Condominium Managers Association. Nicholas D. Cowie has been representing condominium associations for over 30 years, and the firm Cowie Law Group, P.C. (formerly Cowie and Mott, P.A.) has been representing condominium and homeowner associations for over 24 years. Members of our law firm have served on the Board of Directors of the Community Associations Institute, Chesapeake Region Chapter whose primary purpose is to promote the interests of condominium association and homeowners association communities in Maryland, the Eastern Shore, and the Delaware and Maryland beaches by providing educational programs, resources, publications and networking events to the volunteers who govern communities and the professionals who support them. Our attorneys have served as instructors at CAI educational programs on various topics concerning Condominium and HOA law. Partners Stanford Kimmel and George Bealefeld are Maryland condominium lawyer known for handling and settling many complex cases on behalf of condominium associations. Nicholas D. Cowie has actively promoted the rights of condominium and homeowners associations and his work in the Maryland legislature and Maryland appellate courts has greatly strengthened the rights of community associations and their homeowner members. Mr. Cowie  drafts legislation, testifies before legislative committees, and leads or participates in efforts to pass legislation, including laws that have extend condominium and HOA warranty periods for construction defects (see Warranty Reform Legislation Article) and laws that govern the transition process by which developers of newly created condominiums and HOAs  transfer control of association governance to the purchasing homeowners (see Developer Transition Article). Maryland condominium lawyer Nicholas D. Cowie also developed the legal rationale and arguments in the cases of Antigua Condominium and Bentley Place Condominium that have shaped Maryland law in favor of condominiums associations and their unit owner members. Mr. Cowie authors articles in CAI publications regarding issues unique to condominium associations and HOA’s and he is  the author of the Maryland Condominium Construction Defect Law Blog as well as the instructor of the CAI course entitled “Resolving Construction Defect Disputes with Developers.”

 DEVELOPER TRANSITION LAWS

 New Community Associations

“Developer transition,” refers to the process by which the governance of a condominium or homeowners association is transferred from developer to homeowner control (i.e., the “unit owners” in a condominium and “lot owners” in the case of an HOA). It is important for community association boards of directors and their property managers to be aware of the legal obligations that apply to both developer and the initial homeowner-controlled board of directors once control over the association is transferred. Follow the links below for an overview of the legal requirements that govern the transition process and a helpful “transition checklist” for newly elected homeowner-controlled boards that have assumed control over their association from the developer:

Developer Transition – Legal Requirements and Transition Checklist

Our Maryland condominium law attorneys have years of experience representing condominium associations and homeowners associations in the transition process. Cowie Law Group, P.C.  provides free legal consultation for transitioning association boards of directors so they can commence governing the their communities in an informed manner without waiving important rights or failing to fulfill important obligations to their communities and members.

ASSOCIATION BUSINESS LAW

Community associations are business organizations created to conducting the affairs of the community. The association’s responsibilities include collecting assessment, establishing budgets, and expending monies necessary to conduct the association’s business, including the operation, maintenance, repair and replacement of community common elements and common areas. Like many businesses, condominium and homeowners associations have a boards of directors and officers who are responsible for association business. The board members and officers must act in the best interest of the community and are responsible to their unit owners or lot owner members just like corporate board members and officers of a business are responsible to their shareholders. Unlike most businesses, however, the association’s members of the board of directors and officers are volunteers and have statutory immunity from liability for their actions that are taken in good faith. As volunteers, boards hire management companies, vendors, accountants and lawyers to assist them in complying with applicable laws and generally carrying out the affairs of the association on behalf the community and its members. The Maryland condominium lawyers and HOA attorneys at Cowie Law Group represent community associations with their business law matters. We provide legal advise on matters involving the operation and maintenance of condominiums and homeowners associations. Our Maryland condominium attorneys and lawyers negotiate contracts that protect the rights of the association and its members. Our lawyers collect assessments, enforce contracts with vendors, defend against litigation, assist with insurance claims, and handle compliance with applicable laws.

ASSOCIATION GOVERNANCE LAW

Community associations are governing bodies that have authority to make and enforce the rules, obligation and restriction that come with living in a common ownership community. The association’s board of directors is charged with complying with the association’s declaration and bylaws and all applicable federal, state and local laws and regulations in overseeing the governance of the community.  These responsibilities include following the procedures set forth in the governing documents pertaining to decision making, holding meetings of the board and open meetings of association members, voting, keeping minutes and preparing board resolutions. The board members and officers must also deal with and resolve disputes regarding violations of community rules and regulations, violation of restrictions and covenants pertaining to use of units and common areas, proposed architectural changes, etc. The Maryland condominium attorneys at Cowie Law Group represent and provide legal advise to condominium associations and HOAs on matters involving governance by interpreting the governing documents, attending annual meetings, preparing official correspondence, drafting board resolutions, amending governing documents, and enforcing rules and regulations.

ASSOCIATION LITIGATION, MEDIATION & ARBITRATION

The Maryland and Washington DC condominium lawyers and litigation attorneys at Cowie Law Group provide full litigation, mediation and arbitration services to condominiums and HOAs. We have a wealth knowledge and experience regarding legal disputes involving common interest communities. Most legal disputes we handle on behalf of condominium and homeowners associations are settled before litigation is ever filed. The Maryland condominium attorneys and lawyers at Cowie Law Group are able to resolve most disputes by direct discussion, negotiation and written communication. However, if litigation, arbitration or mediation becomes necessary, the experienced condominium litigation attorneys and lawyers at the law firm of Cowie Law Group have extensive experience and a track record that other attorneys and parties respect. We have successfully litigated and defended condominiums in many complex litigation matters and resolve community association legal disputes on a regular basis. Our law firm is known for litigating, mediating and ultimately settling cases on behalf of community associations. In fact, our Maryland condominium lawyers and HOA attorneys work toward resolving community association legal disputes on an almost daily basis and are familiar with the unique issues that arise in the context of representing condominiums and HOAs and have developed strategies and techniques over the years to handle those issues. Attorneys and partners Nicholas D. Cowie, Stanford L. Kimmel and George A. Bealefeld have over 50 years combined experience representing condominiums and homeowner associations in legal matters and litigation disputes. We have been involved in some of the largest cases that have shaped Maryland condominium law. Mr. Cowie served as trial counsel in the case Milton Co. vs. Bentley Place Condominium in which a jury awarded $6.6 million in favor of a condominium association in addition to an award of $500,000 in attorneys fees. More recently, Cowie Law Group attorneys obtained a $5.6 million jury award in favor of a condominium association. See our Blog Posts: “Cowie Law Group Attorneys Obtain $5.6 million jury award for construction defects” and $5.6 million jury award for condominium association obtained by Cowie Law Group Lawyers.

ASSOCIATION LEGAL SERVICES

The Maryland condominium attorneys and lawyers at Cowie Law Group provide legal advice and representation to community associations and common ownership communities, including the following legal services:

The Maryland condominium attorneys and homeowners association lawyers at Cowie Law Group, P.C. have long-term relationships with accredited professionals that specialize in working with condominium associations. We educate board members and homeowners on matters involving Maryland and Washington DC condominium law and represent the interest of the community association in reviewing and enforcing governing documents, providing legal opinions to board members, negotiating contracts with vendors and service providers and resolving legal disputes. The Maryland condominium attorneys at Cowie Law Group also represents homeowner association communities and cooperatives in matters involving Maryland and Washington DC law.

COMPLIMENTARY CONSULTATION  AND FEES

The Maryland condominium attorneys at Cowie Law Group, P.C. are available to discuss your association’s legal issues without fee or obligation. All consultations are confidential. Should you decide to retain our law firm to provide legal services, we can represent your community association on an individual matter basis or as general counsel for all matters. We offer a variety of bill options for condominiums and HOA communities, including: (1) fixed fee services with the deferred billing for delinquent assessment collections; (2) retainer fee legal services (i.e., specified legal services provided throughout the year for a fixed monthly fee); (3) hourly legal services: (4); contingency fee representation based on the outcome of litigation; and (5) other customized legal fee arrangements for the specific needs your community. The Maryland condominium attorneys and HOA lawyers at Cowie Law Group are glad to provide references from other condominium and HOA clients we have represented and we are willing to interview with your association’s board of directors at your community so that our abilities and demeanor can be assessed in person.

Contact the Maryland condominium attorneys and HOA Lawyers at Cowie Law Group to discuss your community association law issues in Maryland and the District of Columbia.

 

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