Charleston Community Association Attorneys

Helping Community Associations and Homeowners Associations in Charleston, Summerville, and Beyond

Community Associations, or “HOAs” as they are sometimes called, come in all shapes and all sizes, ranging from large condominium regimes and multi-phase developments to townhome communities and small homeowner’s associations with just a handful of homes. Here along the coast, many marinas actually operate as “dockominiums.” These days, properties are increasingly being developed as organized communities that are subject to numerous and often complex covenants, conditions, and restrictions, in addition to rules and regulations. Understanding and enforcing an association’s restrictive covenants and bylaws, in addition to the statutory laws that apply, can be overwhelming for a board of directors and homeowners alike, and mistakes can lead to costly lawsuits. We are here to help. Over the years, Thurmond Kirchner & Timbes, P.A. has had the privilege of delivering high quality and cost-effective representation to community associations along the South Carolina coast and elsewhere.

Representing Community Associations

Some of the most common matters our community association lawyers handle involve assisting the association with interpreting and enforcing the master deed, restrictive covenants, and other governing documents. In addition, we have successfully represented community associations in high-stakes litigation through both trials and appeals.

Just a few of the notable cases we have handled on behalf of Community Associations include the following*:

• AMH-Ashley Marina, LLC, et al. v. The Harborage at Ashley Marina Horizontal Property Regime, et al. - We successfully defended the association and its board of directors against claims that breached a management contract, winning at the trial level and again on appeal.

• Downtown condominium association (Confidential Settlement) – Our construction defect team recovered $18,249,000 on behalf of a Charleston condominium association for alleged construction deficiencies.

• Hilton Head Island condominium association (Confidential Settlement) - We recovered a settlement in the amount of for $14,075,000 for alleged construction deficiencies.

• Beaufort County condominium association (Confidential Settlement) - Our construction defect team recovered $12,140,000 arising from alleged construction deficiencies.

• Hancock v. Townhomes at Beaumont Association, Inc. – At the trial of a lawsuit filed by a member, we secured a final verdict in favor of the association after the court agreed it had no actual or constructive notice of the conditions the member complained of.

Cases Our Charleston Community Association Lawyers Handle

Most often, we work quickly, creatively, and strategically to resolve difficult disputes that arise before they escalate into litigation. When lawsuit is necessary or unavoidable our community association and construction defect lawyers have the trial and appellate experience needed to skillfully navigate the case from start to finish.

In addition, our Charleston community association lawyers can help in the following areas:

• Interpreting, amending, and enforcing the association’s bylaws, master deed, covenants, conditions, restrictions, rules and regulations

• Guidance on compliance with the South Carolina Horizontal Property Act, the South Carolina Homeowners Association Act, and the South Carolina Nonprofit Corporation Act

• Compliance with subpoenas and records requests

• Litigation against developers and contractors for defective construction of common facilities

• Declaratory judgment actions to judicially determine the rights and obligations arising under the governing documents

• Collection of unpaid assessments

• Addressing homeowner questions and complaints

Our skilled team of community association attorneys, with lead counsel Michael Timbes at the helm, is supported by excellent paralegal and administrative staff, allowing Thurmond Kirchner & Timbes, P.A. to appropriately staff complex matters efficiently and effectively, while providing budget-conscious representation on routine matters that arise.

Based in Charleston, SC, our firm is located at 15 Middle Atlantic Wharf, near Historic Charleston’s Waterfront Park.

*DISCLAIMER: The settlements and verdicts shown here should not be considered as a description or characterization of the quality of the firm’s representation and in no way should be interpreted as a guarantee of a specific result or outcome of any particular case. As such, the reader should not rely on the cases above to develop my any expectation regarding the value of his or her case.

To schedule a free consultation, call us at (843) 790-0083 or submit an online contact form.