Cuddy & McCarthy works with association boards and managers to try to achieve the best and most efficient ways to fulfill their duties to property owners, to govern the subdivision or condominium and the association itself.  Our attorneys also work with associations to address the current needs of the members as the character of a growing community evolves.

We are pleased to represent numerous homeowners’, condominium owners’ and neighborhood associations, including some of the largest in Santa Fe such as Eldorado’s Avila and Ladera Neighborhood Associations, the Las Campanas Owners’ Association, the Rancho Viejo North Community Association, and Park Plazas Community Services Association.  Our services include:

• the creation of associations and organizational documents
• updating outdated covenants, conditions and restrictions (“CC&Rs”)
• drafting policies and rules for the implementation of the CC&Rs
• corporate governance
• covenant enforcement
• zoning and subdivision matters
• association development of common facilities
• collection of assessments and assessment lien foreclosures
• general legal matters

We routinely handle collection of delinquent assessments that is an essential element of an association’s ability to carry out its duties.  Our attorneys have also litigated many covenant enforcement actions on behalf of such associations (and individual owners) to preserve and safeguard the common scheme of development and home ownership within the community as intended by the CC&Rs.

We also represent numerous condominium owners’ associations.  Condominium associations face similar, but distinctly different, issues because of the differences in the form of condominium unit ownership.  Our real estate attorneys have had the opportunity to prepare declarations and other organizational documents for numerous condominium “regimes”.