South Carolina business litigation

Cooperatives and Memberships in South Carolina

Improving member relations to prevent and resolve disputes

Officers who serve on boards for condominiums, co-ops or homeowners associations face unique challenges when dealing with their members. These officers are usually not legal professionals and often find that operating according to practicality and common sense is not enough to keep them in compliance with myriad state and federal regulations, or to assuage the tensions within their community Our Columbia, South Carolina-based attorneys provide reliable, candid advice, backed by capable litigation skills, for matters related to:

  • Americans with Disabilities Act compliance
  • Assessment collection
  • Breach of fiduciary duty
  • Certification and recertification
  • Common area premises liability
  • Construction defect liability
  • Fair Debt Collection Practices Act compliance
  • Fair Housing Act compliance
  • Foreclosure actions
  • South Carolina Condominium Act compliance
  • Risk management assessments

Columbia attorneys manage co-op and condo disputes

Condo and co-op boards regularly make decisions that affect the private property rights of their members. When condo, co-op or homeowners association members feel violated, their default position is to assert property rights, through legal channels if necessary. Montgomery Willard helps condo and co-op management to address a variety of member complaints, including:

  • Arbitrary and capricious decisions
  • Excessive fees, increasing above the rate of inflation
  • Flawed bylaws with unclear, impracticable or nonexistent mechanism for amending
  • Failure of the board or its officers to adhere to bylaws
  • Inadequate or substandard maintenance of common areas and amenities
  • Inconsistent discipline and excessively harsh fines
  • Inflated assessments
  • Lack of transparency, clarity and consistency in board’s communications
  • Overly restrictive or inconsistent covenant interpretations

Membership disputes can be costly for condos and co-ops, siphoning away resources that should go to member services. Montgomery Willard helps reach cost-effective resolutions through alternative dispute resolution channels, such as arbitration and mediation, so boards can keep their commitment to their members without increasing fees to pass on legal costs.

Columbia-based attorneys for condo boards, co-ops and homeowners associations

Montgomery Willard attorneys have the knowledge and experience in real estate law to serve reliably as counsel for condo boards, co-ops and homeowners associations. To schedule an appointment, call us at 803-470-0722 or contact our Columbia office online.