Core Practice Areas

We take and are referred tough cases. Our background in real estate litigation, employment, civil rights, construction, non-compete litigation, and complex collections allows us to really help community clients and protect their assets. We pride ourselves on taking the cases in which a community has been wronged, and work hard to formulate litigation and trial strategies designed to help the client find restitution or other solutions. We also defend community clients but always with a focus on what is best for the community. We approach every case with the goal of helping the client move on as quick as possible, and provide in depth, cost-benefit-analysis so that managers, board members, and owners alike can determine the best course of action. We get our clients through the rough spots and back on to fairways and smooth trails of governing the community. Our legal team loves the fact that each community problem can be different and require specialized solutions and love to apply their broad litigation backgrounds to finding solutions that, quite frankly, require outside-the-box thinking. We also provide preventative litigation advice, and offer a number of educational workshops designed to help our clients avoid legal problems.

HOA/Housing Litigation

We handle a wide variety of complex issues that cause major distress to communities and interrupt daily life. Based on our collective trial experience, we have obtained successful outcomes in the following areas.

  • Insurance Recovery

We represent multifamily homeowner associations and apartment communities, as well as individual residential and commercial property owners, who are policyholders, when their insurance companies fail to pay for property loss due under the respective policy. With catastrophic weather on the rise in Colorado, insurance disputes are on the rise. These disputes can lead to complex litigation and our team is prepared to lead our clients through these conflicts so that property loss can be fixed. Significant damage to a community can cause a myriad of problems for its residents and we fight hard to bring resolution.

  • Construction Disputes

We also represent multifamily homeowner associations and apartment communities, as well as individual residential and commercial property owners on a variety of construction disputes, including construction defects, mechanics’ liens, and contractor disputes.

  • Mold Litigation

We handle a wide variety of water intrusion issues, many of which involve complicated disputes concerning mold remediation. We also defend homeowner associations and apartment communities on premises liability cases involving mold and other property conditions.

  • Complex Covenant and Easement Disputes

We are often referred complicated covenant and easement matters that affect multiple parties, or neighboring communities. These disputes require detailed analysis and out-of-the box problem solving, and we work hard to protect our clients’ rights and end the controversy.

  • Fair Housing Litigation

We handle a wide variety of Fair Housing and ADA issues before the United States Department of Housing and Urban Development and the Colorado Civil Rights Division. We have extensive experience litigating these matters in federal court. With our civil rights background, we provide ongoing education in these areas, designed to prevent disputes.

  • Other Complex Issues

With communities, there are so many different conflicts that arise and lead to complex legal disputes that have everyone scratching their head to find a solution. We thrive on resolving these matters and clients seek us out when others have been unable to find the right solution. As an example, we have helped communities with complex issues with their property managers taking money or failing to honor major contractual obligations, fiber optic disputes involving multiple cable providers, disputes with municipalities over land use, covenant ambiguities, and the like. Our goal is to find creative solutions to solve the problem and return the community to the task of sound governance and management.

General Counsel Representation

In addition to complex litigation, we offer general counsel representation for communities and management companies who desperately need a change in how they are handling day-to-day problems. For associations, we pride ourselves on protecting your community’s bottom-line. Even with great management, volunteers are ultimately in charge of the governance of their communities. With that role comes the responsibility to solve legal issues. The ideal type of legal representation should help associations navigate successfully through difficult issues and out of conflict in order to move forward in all areas of governance, to lead effectively, and protect the assets of the community. We use our broad litigation experience to tailor customized solutions to difficult governing document issues, as well as a number of other problems. We call it the “litigation lens.” We draft with the precision necessary to tailor documents to the true current and future needs of the community, and as litigators, with the goal of preventing future legal disputes.

We know effective assessment recovery is the cornerstone for many communities and pride ourselves on our collection philosophy and years of collection experience, which is to reduce our client’s gross debt as quickly as possible. We have a different approach. We ascertain the most collectable cases and efficiently resolve those cases to bring down the gross debt without increasing legal expenses. We will help your budget.

We help our community management clients with regulatory and administrative law issues, which are the result of recent licensure protocols and help them with their business law needs.

 

Mediation & Arbitration

As the association and housing industry evolves, there will be a greater need for alternative dispute resolution with respect to community disputes, such as mediation and arbitration. In an effort to help the industry, attorney, Wes Wollenweber has developed a mediation and arbitration practice geared at community disputes and has authored a book on the subject. Wes has used his out-of-the-box skills to help communities resolve complex issues for multiple stakeholders involving land issues, development, neighbor-to-neighbor conflicts, and other challenging issues. Communities can find themselves upside down financially quickly in many legal disputes and dispute resolution can prevent those types of unnecessary outcomes.

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