Condominium Associations and Homeowner Associations

Beckum Law is a Birmingham, Alabama construction law firm that provides legal representation and counsel to homeowner and condominium associations throughout the state of Alabama. We focus our practice on condominiums and townhomes, as well as associations governing single-family developments. Will Beckum has represented multiple condominium associations in Birmingham and, in 2017, assisted a condominium association with obtaining a $5.9 million-dollar settlement related to alleged construction defects throughout the development.

Homeowners associations (HOAs) and condominium associations are legal entities governed by residents. Homeowners associations allow property owners to make collective decisions about issues that affect their residential property. In organization and practice, HOAs resemble a localized form of government with board members and meetings to establish common policies on issues such as maintenance of common property, fees and restrictions on use of property (commonly known as covenants, conditions and restrictions).

In the State of Alabama, condominium associations are more complex and are governed by the Alabama Uniform Condominium Act, if constructed after 1991. A condominium is a form of joint property ownership between members or unit owners of the Association. Many individuals purchasing condominiums do not fully realize the legal implications of their joint ownership of the common elements and limited elements of the condominium.

There can be very serious legal issues that arise during the construction and development of condominiums in the State of Alabama. During the first few years of a condominium development, the control and operation of the condominium association is often in the hands of the developer (the Declarant) until a certain number of units are sold. During this period of developer control, there is often risk of conflicts of interests, fraud and failure to properly fund the reserve accounts of the condominium association.

In his construction law practice, Will Beckum has seen serious construction defects arise in condominium developments. Often because these developments are built in stages, many owners will experience the same defects. These defects can involve faulty foundations, leaking windows and roofs, building code violations and other issues. Repairs can be costly and the owners will be responsible for large special assessments to pay for unanticipated repairs.

Construction attorney, Will Beckum assists people across the state of Alabama, including in Birmingham, Vestavia Hills, Hoover, Jasper, Montgomery, Cullman, Huntsville, Sylacauga, and Tuscaloosa. If you or your condominium and/or homeowners’ association needs legal guidance regarding construction defects, fraud or other issues, and you would like to know more about your legal rights and options, contact our office today online or at 205-588-0699 to learn more about our services.