Litigation representation is an essential component of the comprehensive services we provide to common interest community associations. When it becomes necessary to take an issue to court or enter into negotiations to settle a claim, our team-oriented approach ensures that these matters—from simple complaints to complex lawsuits—are handled skillfully by our litigators.
Collections & Rules Enforcement
The most frequent cause of disputes between a community association and its members is the collection of unpaid assessments. While we are prepared to litigate when an association member fails to pay fees or assessments, our goal is to implement policies that avoid this extreme measure. We have found that a properly designed collection policy—and a system for collecting past due assessments—can minimize assessment arrearages and collection expenses.
Another possible cause for litigation is seeking compliance with association rules, such as when a member makes architectural changes without approval or does not comply with parking or pet restrictions. Our mantra is that if a lawsuit is filed, everyone loses, so MercerTrigiani guides clients with the goal of achieving member compliance through establising fair and uniform due process procedures. Sometimes though, litigation becomes necessary, and MercerTrigiani's time-tested team of litigators is prepared to guide clients to success.
Non-regulatory disputes also arise from time to time. MercerTrigiani has successfully resolved large warranty claims against developers, breach of contract claims against vendors, and condemnation claims. Mike Zupan takes the lead on complex litigation matters with support from Scott Reid and David Mercer. MercerTrigiani attorneys, both litigators and non-litigators, work together to ensure association operations and governance continue to run smoothly, even while litigation is pending. And, clients are updated routinely as legal matters develop.