Community Associations and Private Clubs

Turner  Padget provides clients with a full array of legal counsel directed toward the formation and maintenance of community associations and private clubs.  We are a multi-service law firm serving the business transactions and litigation needs of local, regional and national clients throughout South Carolina.

Turner Padget’s Community Associations and Private Clubs attorneys routinely represent large, medium and small community associations and private clubs in their formation, governance and operation, including, but not limited to:  advising officers and boards of directors and property managers on governance issues, including fiduciary duties, ARB issues, and preparation and revision of covenants, master deeds and bylaws; defending of directors in litigation; developer turn-over and defective design/construction disputes; real estate development and financing; leases, management and other contracts; taxation; employment law; environmental matters, land use planning; miscellaneous litigation; and collections.

Experience

The Community Associations and Private Clubs team has experience in analyzing and advising clients with respect to varying types of documents related to all types of condominium and homeowner documentation, including:  

  • Preparation and amendment of association governing documents (restrictive covenants, master deeds, bylaws, ARB guidelines, rules and regulations, etc.)
     
  • Responding to day-to-day questions regarding legal, operational and practical matters, providing interpretations of the community’s governing documents as needed, and advising with respect to the application of local ordinances, state statutory laws and regulations and other laws impacting the governance and operations of associations
     
  • Conducting or assisting in board orientations and counseling new and existing board members in director fiduciary duties and liabilities, election procedures, board and member meeting notice requirements and best governance practices
     
  • Advising boards in connection with assessment policies and procedures 
     
  • Preparation of member applications and other form documents used in the operation of the community
     
  • Counseling boards on liabilities, insurance and casualty-related issues
     
  • Enforcing the governing documents, restrictive covenants and rules and regulations of the community
     
  • Reviewing and assisting in negotiating and closing term loans and lines of credit for capital improvements, catastrophic emergency needs and repairs, etc.
     
  • Negotiating acquisition and sale contracts, management contracts, construction agreements, facilities leases and service contracts
     
  • Providing statewide representation in all aspects of administrative and governmental law including local comprehensive planning, environmental matters, regulatory compliance, enforcement actions and administrative proceedings before local, state and federal agencies
     
  • Collection of overdue assessments and foreclosure of association liens
     
  • Handling community association litigation, mediation and arbitration
     
  • Providing counsel regarding community association taxation