condo attorney who takes cases on spec

How are condo lawsuits handled?

Find a local Condominium attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Condominium lawyer for you.

Why hire HB Condo&HOA Law team?

Feb 14, 2018 · A collection attorney who specializes in condominium law can best pursue all the remedies allowed the association under the governing documents and state law. The HB Condo & HOA Law Team has a proven collection strategy. Since 2012, our team has collected over $9 million in dollars and property. The HB Condo & HOA Law Team has the only two Wisconsin …

Why hire a condominium lawyer in Boston for construction defect claims?

Apr 02, 2014 · Home – Real Estate – Condominium Cases. Florida Condominium Cases. Below is a list of Florida case law, we use to prosecute Florida condominium cases related to condo Boards acting outside of their scope of authority and/or condo Association’s failure to maintain the common elements. 1.Small v.

Who decides the rules of a condo association?

Consulting with the condo dispute lawyers at Calabrese Law Associates in Downtown Boston, MA is a good idea in the case of maintenance and repair disputes. Assigning liability and blame between a condo association and a unit owner can be …

What percentage does a lawyer get in a settlement case?

Contingency Fee Percentages Most contingency fee agreements give the lawyer a percentage of between 33 and 40 percent, but you can always try to negotiate a reduced percentage or alternative agreement. In the majority of cases, a personal injury lawyer will receive 33 percent (or one-third) of any settlement or award.

How do I choose a good lawyer for my case?

How To Choose the Right Lawyer: Ten Points to Consider When Selecting an AttorneyIdentify Your Legal Problem and Use a Specialist. ... Make Sure the Attorney has the Right Experience. ... Expect the Attorney to be a Good Communicator. ... Consider the Attorney's Professionalism.More items...

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

What is a pro bono attorney?

Pro bono work is legal advice or representation provided free of charge by legal professionals in the public interest. This can be to individuals, charities or community groups who cannot afford to pay for legal help and cannot get legal aid or any other means of funding.Sep 10, 2019

Does your lawyer have to be local?

Not exactly. Each state regulates the practice of law. Generally, only attorneys licensed in a particular state can practice law there.Mar 4, 2020

Is it best to hire a local attorney?

Local lawyers can more effectively judge the value of your case or the likelihood of success. A local attorney knows and can fairly judge the temperament in the community and the likelihood of a fair and reasonable verdict being returned in your particular matter.Nov 18, 2019

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

How much does a lawyer cost?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

What is it called when a defendant represents himself?

Judges and lawyers typically refer to defendants who represent themselves with the terms "pro se" (pronounced pro say) or "pro per." Both come from Latin and essentially mean "for one's own person."

What exactly is a paralegal?

Most people think of the role of a paralegal as an assistant to an attorney. The American Association for Paralegal Education (AAfPE) defines a paralegal as someone who "performs substantive and procedural legal work as authorized by law, which work, in the absence of the paralegal, would be performed by an attorney.Sep 6, 2012

What are the laws in Massachusetts?

To summarize the Massachusetts law cited above: 1 when purchasing a condo unit, the owner does not give up certain rights to the condo association. Among them is the right to bring an action against the contractor for failure to deliver what was promised. 2 Breach of contract claims are considered an “individual action” that can only be brought by a unit owner, and not a condo association. The law recognizes that contractors may make different representations to each unit owner and, therefore, the damages incurred would be unique to each unit owner. 3 An individual unit owner has unique claims and damages under breach of contract, separate and apart from those of the condo association. In one such case, a condo association released the contractor from liabilities regarding a roof that an individual unit owner was then able to recover damages for. The contractor’s settlement with the condo association was held as a separate transaction from the breach of contract between the unit owner and the contractor.

What was the impact of construction practices in the mid-2000s?

Construction practices in the mid-2000s resulted in an increase in construction defect claims across the country . There was a push to build faster, with a short supply of skilled contractors. New construction products and varying installation methods also contributed to the number of condo defects we see today.

Who is responsible for repairs in a condo?

As a general rule, condo unit owners are responsible for all repairs inside their condominium unit. However, when problems within the condo unit are created by conditions in a common area (for example, a roof leak creates damage inside a condo unit) that is an issue condominium associations are responsible for fixing and reimbursing the unit owner for costs they incurred to fix the issues inside their unit. Especially when the unit is relatively new, construction defects can account for a majority of problems discovered. If there is a potential issue, it’s a good idea to investigate the problem immediately.

Do construction workers have to be trained?

Construction workers must be properly trained and supervised, otherwise the quality of their work can be called into question. Construction workers must also follow manufacturers’ installation specifications and guidelines when using various building products.

What is a common area in a condo?

Areas that are generally considered a “common area” include onsite clubhouses, swimming pools, golf courses, workout facilities, parking lots, the roof, piping, wiring, and exterior surfaces of the condo buildings. When there is a water leak or other construction defect in a common area (for example, a roof leak) it is the reasonability of the condominium association to make the necessary repairs. Condo unit owners can seek monies from the condo association when their unit is damaged by a water leak coming from a common area – the classic example is a roof leak causes damage to the interior of the top-floor condo unit.

Is mold removal expensive?

Also, maintenance is more difficult and remediation efforts like mold removal are expensive. A contractor who is focused on developing multiple projects might see an opportunity to cut costs in construction. Ultimately, the savings to the contractor can mean increased costs to unit owners and condo associations.

What is negligent construction?

Conversely, negligent construction is an area where the condo association has exclusive authority to file a claim. An individual unit owner who wishes to seek damages from a contractor for negligent construction must do so through the condo association.

What is a homeowner association?

Homeowners associations are controlled by state law, and laws vary state-to-state, with separate laws for homeowners, co-op or condo associations. Plus, each association has its own set of government documents, known as for Declaration of Covenants, Conditions, and Restrictions, or CC&Rs, as well as bylaws and rules.

How many people live in community associations?

More than 68 million Americans live in community associations, according to the Community Associations Institute, meaning 1 in 5 of us is required to follow the rules and regulations of a condo, cooperative or homeowners association.

What happens if you don't resolve a compliance issue?

If you run into problems you can’t resolve with your association, your only recourse in most cases is to sue in civil court, which can be expensive. Even if you prevail, you may still end up paying your own attorney fees. And the association’s fees are going to be shared among you and your neighbors.

What happens if you don't pay your association assessments?

Otherwise, the amount due can escalate once the board starts adding attorney fees. If it turns out you were overcharged, you can ask for a refund later. “If you don’t pay your association assessments, you have twice the problems.”. Bauman says. “It’s like not paying your taxes.”.

What happens if you notify your HOA of a problem?

If you notify your HOA that you're having a problem with its rules or with another homeowner, the HOA might (depending on your state's law) be obligated to arrange for mediation or arbitration. You might then be able to work out a compromise or initiate an amendment to the rules.

Can you file a lawsuit against a HOA?

Before protesting any HOA action against you, make sure to review the CC&Rs and see whether your own actions were allowable. Because an HOA is a legal entity, you can file a lawsuit against it and ask a court to get involved. A judge can order the HOA to obey its own rules.

What to do if your HOA is out of line?

Last Resort: Legal Action Against the HOA. If you have a major dispute and believe your HOA is out of line, you can take legal action. For example, the HOA might be asking that you take some action (or refrain from some action) that isn't officially covered in the CC&Rs.

What is CAT in basketball court?

An interesting decision recently came out of the Condo Authority Tribunal (CAT) on a dispute over a basketball hoop installed in a driveway. This case sheds some light on how the CAT is applying its new jurisdiction over parking disputes and is a helpful reminder that not all breach necessarily require the same response. Facts ]

What is CAT in 2020?

As we all know by now, in October 2020 the Condominium Authority Tribunal (CAT) increased its jurisdiction to cover disputes related to pets, parking and storage on top its usual jurisdiction over records requests. Since then, it has been interesting to see just how far the scope of this new jurisdiction goes. A recent case ]