January 2024

ATTORNEY... from page 16.

your professional team. “Your legal counsel will serve as the ‘quarterback,’ providing advice, guidance, and assis tance in negotiating any issues with the developer. Your engineering firm will review the construction of the common elements for general conformance with the design, building code, and industry standards and point out any areas of concern that should be further addressed or repaired by the developer. An accountant will review the association’s finances during the time of developer control to ensure that the developer made the required contributions and properly managed the association’s funds. Your professional team will also advise you on the need for a reserve study to determine if the association’s reserve funds have been ade quately funded to date. With the right professional team working alongside management, your community is much more likely to have a smooth transition.” In summary, do not be afraid to proactively use your association attorney to deal with questions in your com munity before they become issues. Proactively using your association attorney can save you time, money, and a few headaches. n

Navigate Transition from Developer Control Your developer just relinquished control of your asso ciation to a majority of owners on the board, which we commonly refer to as “transition.” What should the board do now to address any transition issues proactively? For this issue, I have enlisted the advice of my colleague, Martin “Your legal counsel will serve as the ‘quarterback,’ providing advice, guidance, and assistance in negotiating any issues with the developer." C. Cabalar, Esq., a shareholder in our construction law and litigation practice group. Martin advises that as part of a board’s due diligence related to the transition from developer control, the governing board should assemble

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JANUARY 2024