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Berding|Weil

Condominium Conversions

BERDING|WEIL attorneys have very specific expertise available to assist condominium conversion associations. These condos were converted from old apartment houses, often of uncertain condition. Because of this, the problems of condo conversions can be unique and frequently involve misrepresentations by the converter about the condition of the buildings or the adequacy of the budget. Our condominium conversion lawyers are able to assist condo conversion associations in determining if their financial plan is adequate and whether they have a potential claim against the converters or sellers of the conversion project.

Claims for Construction Problems

BERDING|WEIL lawyers are experts in providing guidance to boards of directors to help them determine the condition of older buildings. We can recommend professional architectural and engineering consultants, construction companies, and other construction professionals who inspect, analyze, and assess the condition of an older building. With this information we can determine if pre-sale repairs were properly done and analyze the adequacy of the association's budget. Where the converter's repairs are improper or inadequate, our experienced litigators can file the necessary claims on behalf of the association.

Budget and Reserve Claims

A condominium conversion is not just an old apartment building with new paint. It is also a new funding plan consisting of an operating and reserve budget and the necessary monthly homeowner assessments. Frequently we find that this plan is inadequate to properly care for and maintain these older buildings. BERDING|WEIL lawyers will compare the physical condition of the buildings' components to the provisions for their long-term maintenance and provide the board of directors with its legal options when the converter has failed to provide an adequate budget. We have found that condo conversion budgets are frequently understated and underfunded in order to keep monthly assessments artificially low. We specialize in claims against converters who have misrepresented the budget and the monthly assessment necessary to properly maintain and repair the condominium buildings.

Mediation and Litigation

Our litigators are skilled at resolving claims on behalf of condominium conversion associations without the necessity of long litigation. We have many years of mediation experience arising from condo conversions, including preparing claims, compiling necessary evidence, and working closely with boards of directors so that they understand the full range of settlement options available to them. If, however, mediation fails to achieve a fair resolution, we have the substantial experience necessary to litigate the matter to conclusion.

Legal Advice

Like all of our other community association clients, condominium conversion associations need practical, everyday legal advice on how to run the association properly and efficiently. We consult on vendor contracts, CC&R issues, board elections, and maintenance concerns. Our experienced community association lawyers can provide advice on these and many other legal and business questions that the board of directors might need to have addressed.

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