Litigation

Our firm is guided by the philosophy “Communication Not Litigation.” We make every effort to communicate an association’s position to an owner, developer, contractor or other party in order to resolve a dispute and to avoid the time, expense and other impositions of taking a matter to court.

Despite these efforts, there are occasions when communication and negotiation fail and litigation becomes the only available remedy. Our litigation practice enables us to represent associations in a variety of matters, including the following:

  • Covenant Enforcement – obtaining court orders and injunctions against owners and residents who continue to violate an association’s recorded restrictions and/or reasonable rules and regulations.

  • Condominium Tenant Evictions - initiating a direct eviction action against a condominium owner’s tenant for ongoing violations of restrictions and/or rules.

  • Contested Elections - defending associations where owners challenge the results of board elections.

  • Construction Defect Litigation - initiating a lawsuit against an association’s developer for deficient construction of common elements, including substandard installation of roofs, siding, foundations, grading, roadways and concrete.

  • Contractor and Vendor Disputes - representing associations in disputes with contractors and vendors, including landscapers, snow-plowers, roofers, plumbers, electricians, and other service providers.

  • Real Estate Tax Appeals - preparing, filing and litigating real estate tax appeals before county and state administrative agencies and courts.

  • Fair Housing and Ohio Civil Rights Commission Complaints - defending associations involved in fair housing or civil rights disputes based on alleged discrimination, including those based on familial status, race, gender, creed, national origin, and service animal requests.

  • Easement Litigation - representing associations involved in disputes over easements with neighboring property owners, including encroachments and rights of access.

  • Theft/Fraud Recovery - pursuing responsible persons and entities for embezzling and or stealing association funds.

  • Insurance Coverage Issues - pursuing insurance companies for failing to provide required insurance coverage pursuant to insurance policies.

  • Any other matter that requires legal representation before a court or administrative agency, such as a Planning Commission, City Council or a Township Board of Trustees.

Once an association becomes involved in litigation, we continue with our efforts at “communication” with the other parties in an attempt to minimize the time and expense this often complex and time-consuming process can involve. As such, we work directly with Association board members and managers, keeping them informed of the progress of the lawsuit and involving them in all key decisions.

While becoming involved in a lawsuit is rarely the preferred method of resolving a dispute, our firm’s goal is to guide an association through that process in a practical and efficient manner.

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50 Public Square
Suite 2000
Cleveland, OH 44113
216-696-0650
888-800-1042
Columbus

8101 North High Street
Suite 370
Columbus, OH 43235
614-882-3100
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