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Here is a list of legal services I typically provide to condominium associations, and those services that I typically do not provide. 1. Corporate matters. If desired, I will file corporate reports to the Secretary of State as required, service as Registered Agent for the corporation and rendere advice re the affairs of the Association as a corporate entity. This advice does not include advice regarding liability for and filing of association tax returns. 2. Drafting routine documents. Drafting and/or review of routine documents generated in the normal course of business of the Association, including notices, proxies, resale certificate forms, notices of meetings, rental agreements of association, consent to meeting, notices of meetings of Directors and Members. 3. Consultation. Consultation by phone or email or at Attorney's office with Board of Directors and/or management concerning legal and practical aspects of routine operation of the Association, including maintenance responsibilities, financial policies and procedures, budget and assessments, collections policy, reserve funds, community rules and penalties, management agents and independent contractors, basic insurance requirements. 4. Interpretation of Maine condominium laws, the Maine Non-profit Corporation Act, the Declaration, Bylaws and rules. I will give written opinions, if requested by the Board, on the meaning and effect of these matters, specifically as they relate to issues coming before the Board. 5. Bankruptcy; foreclosure; Federal Fair Housing laws; FCC requirements regarding antennas. Advice relating to bankruptcy of a unit owner or foreclosure of units; filing of proofs of claim, affidavits and other documents protecting the Association's interest when these events occur. Also Fair Housing laws and FCC rules regarding satellite dishes. 6. Meetings and governance issues. Advice concerning the proper conduct of meetings, minutes, notices, proxies and Rules of Order. Some of this is not strictly legal advice but many clients find it helpful. I have broad experience in governance issues, and will provide assistance and advice in this area, if requested. 7. "Once over" Reading. Reading of copies of minutes, correspondence and other written material the Association wishes to supply to attorney so as to spot areas where legal caution is required. I encourage sending of such material as a matter of my own self education and do not charge for my time in reading these materials, unless I find some specific problem or issue requiring contact with the association. 8. Educational materials. Providing materials from time to time, without charge, which will assist the Board of Directors in the carrying out of its duties. 9. Amendments to documents. Consultation concerning amendments to condominium Documents, and the drafting of those amendments. 10. Attendance at meetings. Attendance at annual meetings, or meetings of the Board of Directors, as requested. Travel time to and from such meetings will be billed at half the hourly rate. 11. Assessment collection. The Condominium Act provides that attorneys fees incurred in assessment and fine collection shall be paid by the unit owner in most circumstances. Since I am not a litigator I would not be pursuing payment of condominium fees in a court proceeding, but can recommend suitable attorneys to do that. 12. Management Agreements. Negotiating and drafting management and employment agreements. SERVICES NOT INCLUDED 1. Litigation. I am not a litigation attorney; however, advice about the necessity for litigation and consultation about hiring litigators is included. 2. Special or unique legal questions/matters outside the scope of attorney's expertise. What qualifies as a special or unique question is difficult to determine at times. I will discuss with the Board in advance those items which may not be routine. The Association may face questions involving specialized areas of law about which I am not qualified to give advice. In such cases I would be happy to recommend and work with attorneys or other professionals so as to provide the best possible guidance. 3. Services limited to association. I will deal only through the Board (preferably one designated member) on Association matters. I will not represent unit owners in matters which would constitute a conflict of interest, or discuss association business with them. I expect that I may represent unit owners on matters relating only tangentially to the Association, such as the purchase and sale of their individual units, and other matters that do not conflict with representation of the Association, in accordance with the Maine Bar Rules. 4. Conflict of Interest. There may be situations in which I might have a conflict of interest with other clients. In such cases I may be prohibited by the Bar Rules from representing any party without written consent of both parties. 5. Insurance. Providing adequate insurance coverage is one of the most important duties of Directors. I have substantial experience with condominium insurance issues but do not have the expertise of a qualified insurance agent. 6. Services after termination of representation. After my representation is terminated, I owe no further duties to the Association. My representation will be deemed terminated if no request for services is made of me by the association for a period of 13 consecutive months. |
| Contact Information: 1465 Post Road P.O. Box 369 Wells, ME 04090 Tel: 207-646-8341 Fax: 207-646-8343 Email: atty@maine.rr.com |