Homeowners’ / Condominium Association
Meub Gallivan & Larson represents Homeowner and Condominium Associations throughout the state of Vermont. We work with the associations on a variety of issues including:
Bylaws and Declarations
We have revised and updated the declaration and bylaws for many projects that were created before the adoption of a comprehensive statute known as the Uniform Common Interest Community Ownership Act. The Uniform Common was enacted by the Vermont State legislature in 1994 and amended several times. If an association’s declaration and bylaws are not consistent with the state law, it could create serious problems for the condominium association.
Sometimes a unit owner falls behind in paying assessments. Unfortunately, because the association counts on receiving all assessments for its budgetary needs, this can negatively affect all the other owners. We send demand letters to collect overdue assessments. We charge a flat fee of $275 to the Association which is added onto the amount due by the owner.
If the demand letter does not result in the payment of the overdue assessments, condominium associations can file a foreclosure of the unit. We have assisted many associations in pursuing foreclosure of assessment liens, a highly technical legal proceeding. We have won court decisions that that enabled our clients to assert a priority over the Bank mortgagee for ongoing assessments that accrue during the foreclosure litigation.