Practice Areas

Condo Fee Collections

As President of a Condo Association, Ray experienced that assessments must be received to pay Association bills. Attorney fees and costs for collection services are added to and collected along with assessment debts from unit owners or their mortgage holders. Ray does a collection without sending bills to an Association as long as he is handling the collection because he is confident he will collect all money owed. Most collections are completed within 10-30 days. Unit owners in the collection are not viewed as adverse parties and he treats them with respect because they are members of our Associations.

Enforcement of Association Rules

Ray advises Executive Boards to enforce Rules with the objective of achieving harmony in our Associations. If not handled properly, he has observed owners sell their units because they could no longer have peace of mind in their homes. Prudent use of the Rule enforcement law provides Boards the authority to resolve disputes within the Association and without the costly approach of seeking judicial enforcement from our courts.

Condominium Document Explanation & Amendments

One of the most important responsibilities of Executive Board members is the enforcement of the Declaration, Bylaws, and Rules. Since most Board members are not Condo law experts, interpreting Condominium documents can be difficult. Ray has a thorough knowledge of the Rhode Island Condominium Law because he’s been reading it and making it work better for us by writing legislation throughout his career. It’s common for him to explain to Board members that what they think should be added to the Condo documents is already there or in the State Law. It’s also common for Ray to advise that amendments to the Condominium documents would solve problems for Associations in ways that Board members did not think were possible.

Unit Water Leak Damage

Water leaks in units from water pipes behind walls, heating or air conditioning equipment, faucets, sinks, bathtubs, showers, and toilets are common problems. Water leaks in units from rainwater as well as groundwater infiltration in basement spaces are also common problems for Executive Boards. Whether the Association or the unit owners have the obligation to repair water damage to units is determined by the application of the State Condominium Law and the Declaration and Bylaws. Ray has the knowledge to explain how the law works with the objective of preventing or resolving disputes with unit owners.

Insurance Property Damage Claims

Often from unit water leak insurance claims, Executive Board members may become involved in disputes with unit owners over whether claims should be made on the Association property insurance carrier, a unit owner insurance carrier, or both. The law of Condominium property insurance is quite complex and difficult for Board members. Ray has the knowledge to advise plans of action to address insurance claim issues which eliminate confusion and prevent or resolve disputes with the unit owners.

Insurance Reform Package Amendments

We are in a hard Condominium property insurance market. Insurance premiums and deductibles have been and will continue to rise. Recent changes in the State Condominium Insurance Law allow Executive Boards to propose Condo document amendments to reduce Association expenses and Condo fee increases for repair of unit damages which are often caused by water leaks. Ray has been active creating insurance reform packages amending several parts of the Declaration or Bylaws for the benefit of Associations.

Developer Issues

Our State Condominium Act is a consumer protection law that gives unit owners substantial rights to get what they pay for from Developers who have the obligation to construct quality Condo homes, parking areas, and roads. Developers also have the obligation to apply Condo fees in the best interest of the unit owners and to transfer control of Executive Boards to the unit owners at certain stages in the development process. Ray has experience with all Developer issues affecting Associations.

Pets

The keeping of pets in units is usually regulated by Condominium documents prepared by Developers. Unit owner-controlled Associations may improve pet regulations by amendment of Condominium documents. Ray has experience with all pet issues including requests related to emotional support animals.

Parking

Parking of motor vehicles may be on limited common element parking spaces which unit owners have the exclusive right to use. Parking spaces can also be assigned by Executive Boards or there can be parking spaces for all residents to use. Ray has been helping Associations with parking problems which are often the result of Executive Board members not knowing what rights they and the unit owners have about parking.

Association Loans

If Association reserves are inadequate, Association loans secured by assessment powers are available to finance necessary work on common elements. Ray has been guiding Board members and managers through the loan process since the 1990s. Negotiating construction contracts and complying with unit owner loan approval lender requirements are important parts of the loan process.