Homeowners Association Law
Why Winstead is Best for Your Association
Winstead has the knowledge, experience, and drive to help your homeowners association succeed. Winstead represents homeowners associations at every stage of development—from their creation under developer control, through the developer transition period, to when it becomes homeowner-controlled. We represent all types of homeowners associations including single-family homes, townhomes, and residential condominium units, as well as commercial and mixed-use projects. Winstead represents association clients with thousands of members, and some with just a handful of members. No association is alike, and each requires special attention to the specific needs of its members and the property it governs. We build relationships with property managers and boards to facilitate providing information when you need it.
Through our depth and breadth of knowledge, combined with our experience and database of policies and recommended forms, Winstead is able to provide proficient legal counsel to homeowners associations and tailored strategies to achieve your goals.
Winstead as Outside General Counsel
Winstead serves as outside general counsel, adding value by providing advice and information to association team members including the board of directors and association managers. In this role, we assist with governance procedures, enforcement of governing documents, and statutory compliance, including day-to-day best practices and risk-management for the practical aspects of an association’s business operations. In addition to these general counsel services, if your association has a need for litigation services, we have litigation counsel poised to address any issue that might arise.
We are dedicated to providing our clients, developer representatives, board members and community association managers with the tools they need to get the job done. We offer customized educational events, seminars, and question and answer sessions to help you understand your legal duties and responsibilities so that you can prevent questions from becoming problems and resolve problems before they become lawsuits.
Representative Association Services
- Advising on day-to-day operational and governance issues, including the interpretation and application of covenants, policies and procedures
- Collection of delinquent assessments
- Attendance at board and owner meetings upon request
- Enforcement of restrictive covenants
- Coordinating elections and voting and advising on meeting requirements
- Preparing and reviewing management contracts and contracts for the operation, maintenance and repair of community and high rise and low rise building components
- Interpretation and review of insurance policies for compliance with governing documents, statutes and advising on risk management and best practices
- Drafting and amending governing documents to modernize, ensure statutory compliance, and facilitate better and more efficient association operations
- Assisting the board with fiscal matters, such as annual budgets, levying assessments, establishing reserves, and understanding fiduciary obligations and duties
- Counseling in the pre-transition, transition and post-transition phases of the community and condominium development
- Advice and counseling on warranty, construction and accounting claims
- Advice and counseling on federal laws such as the Telecommunications Act of 1996, the Fair Housing Act, the Housing for Older Persons Act of 1995, Title VII and other housing related laws, as well as similar state and local statutes and ordinances
- Condominium project approval services (FHA)
- Arbitration, mediation and litigation services
- Reviewing loan documents and advising on sources of financing for repairs, capital improvements, etc.
Efficient Service and Depth of Knowledge
Effective and efficient representation is best provided by attorneys who devote a substantial portion of their practice to planned communities, mixed-use projects, and condominiums and who understand the structuring imperatives. Our practice is focused on homeowners associations, and Winstead has a broad spectrum of practice areas equipped to handle common association issues as well as unique and complex issues that might arise. We handle matters regarding preparation and use of covenants, conditions and restrictions, reciprocal easement agreements, amenity use agreements, and property access and amenity use rules. Additionally, we provide counsel on condominium maintenance and cost-allocation agreements, and other documents necessary to effectively manage and maintain your community.
Our group leverages technology to deliver information to our clients, board members and managers on a comprehensive and timely basis.
We work closely with property management companies to easily transition delinquent accounts to the firm. We license appLega collections software for real-time reporting and account management.
Personalized Association Portal – Secure Access 24/7
Our client extranet, Winstead Association, is your personal portal for electronic file storage and information gathering, allowing you real-time access to your governance documents. Your association project page is customized to meet your needs, providing you with secure multilevel access to community files on a 24/7 basis.
Our team of attorneys, paralegals and legal staff possesses decades of combined experience unmatched in association representation in Texas. Winstead is readily able to advise on all aspects of homeowners association law for any type of community and condominium project in all phases of the association’s existence from creation, through transition, and even to termination. Because our real estate attorneys practice daily in a number of different areas of association law, the needs and issues of our association clients can be timely and appropriately met and addressed. The wealth of knowledge and capabilities of Winstead’s homeowners association practice sets it apart, making it a leader in the industry and a trusted resource for developers, owners and management companies throughout Texas.
Winstead’s Real Estate Industry Group encompasses other areas and specialties which complement homeowners associations and contribute to the firm’s reputation as one of the leading law firms in the real estate industry. In addition to homeowners association representation, Winstead has long standing experience in land entitlement, planning, use and development, zoning, real estate finance, mortgage lending, and construction, among other real estate practice areas, which enables the firm to provide counsel and representation for any phase of sophisticated real estate transactions.