Disputes between Owners and Their Associations

Association-Owner Controversies: Complex Questions and High Stakes

Disputes between homeowners or unit owners and their community or property owners’ associations present some of the most complex issues in community association and neighborhood law. These matters are governed by multiple, overlapping sources of authority, including county codes, city ordinances, federal and state statutes, administrative regulations, and case law from the courts. At the same time, such disagreements are also controlled by the association’s own governing documents—its articles of incorporation, declarations of covenants, conditions, and restrictions (“CC&Rs”)'; bylaws; and rules—all of which are similarly legally binding on both the association and the property owners.

The Law Office of Joseph P. Evans represents clients in disputes arising from nearly every aspect of the association–owner relationship. These conflicts frequently involve questions of governance and whether an association has properly followed its own bylaws and rules. We handle disputes concerning assessments, the classification of elements as common or individual, and responsibility for common versus individual expenses. In many cases, the outcome turns on a careful reading of the governing documents in light of applicable statutes and case law, as well as the manner in which the association has historically exercised its authority.

The Managing Attorney, Joseph Putnam Evans, has substantial experience representing clients on both sides of these disputes, including homeowners, unit owners, and associations themselves. This balanced perspective allows Mr. Evans to identify weaknesses, anticipate opposing arguments, and pursue strategies that achieve practical and favorable results. He, personally, has successfully handled disagreements over common elements and common expenses, claims involving negligence by association employees or agents, and matters involving improper or corrupt administration of associations. The latter includes situations where officers or board members intentionally failed to follow their own bylaws or willfully misused their positions of authority for personal benefit at the expense of unit owners.

Success in these cases requires a deep and nuanced understanding of the many legal sources governing community associations, as well as the realities of how associations operate in practice. The Managing Attorney brings to each matter a strong working knowledge of the Virginia Property Owners’ Association Act (“POAA”), the Virginia Common Interest Community Act (“VCICA”), and the regulatory oversight of the Common Interest Community Board (“CICB”). Mr. Evans is also well-versed in the statutes and common law of Maryland and Virginia applicable to association disputes, the various county codes throughout the DMV Area, and the positions taken by courts in these jurisdictions.

Whether the client’s solution is best obtained by negotiation with the association or owner, arbitration, or the courts of competent jurisdiction, the Law Office of Joseph P. Evans is well-situated and experienced in both choosing the correct avenue, and achieving the desired results.