The Law Offices of Richard Salpietra serves as special counsel to over 90 common-interest developments, including single-family homes, condominiums, high-rises, planned developments and business parks.  The firm provides legal advice to the board of directors on all community association legal issues.  The firm’s services include drafting, preparation, revision, interpretation and enforcement of Covenants, Conditions and Restrictions (CC&Rs), Bylaws, Articles of Incorporation, Architectural Guidelines, and Rules and Regulations.

The firm also provides legal advice to community associations regarding annual meetings, special meetings and voting procedures; reviews insurance policies and advises on insurance matters; drafts and interprets property easements; and prepares license agreements, permissive use agreements, maintenance and indemnity agreements, settlement agreements and waivers.  The Law Offices of Richard Salpietra also provides general counsel advice regarding management/vendor contracts, personnel matters, owner disputes, complex title issues, and prepares letters of opinion regarding complex legal issues.

Recent changes in California law pertaining to the election process of community associations require a comprehensive level of legal knowledge and expertise. The Law Offices of Richard Salpietra utilizes a clear, efficient election procedure which is easily understood by the members of an association and consistent with the law. As Inspector of Elections, the firm will take responsibility for all aspects of an election by coordinating in a thorough and timely fashion the development and distribution of the Request for Candidates and Candidate Information Sheets, as well as preparation of the Ballot package that is sent to the members for secret voting. Also, representatives of the firm will attend the annual or special meeting to run the election, collect, count and tabulate votes, and determine the results of the election pursuant to the requirements of California law and the specific association's governing documents.

Common-interest developments enter into various types of legal contracts with vendors providing services to the association. The legal professionals at The Law Offices of Richard Salpietra will draft, review and advise on contracts between associations and property management companies, construction contractors, security companies, landscape maintenance companies, painting and repair contractors, and other vendors that perform services for the association. If an association is in a contract dispute, The Law Offices of Richard Salpietra will advise the board regarding its rights and remedies under the contract and California law, pursue the vendor’s full performance of the contract terms, and assist in resolving contract disputes.

If an association wants to make arrangements for an individual owner to assume the maintenance obligation of a certain area of property, the legal professionals at The Law Offices of Richard Salpietra can prepare agreements that clarify the maintenance obligations of specific areas within an association. Such agreements detail the owner’s and association’s responsibilities and include indemnification to protect the association. The firm will then arrange for the recording of the fully-executed Maintenance and Indemnity Agreement with the County Recorder’s Office.

When insurance claims are made or questions arise regarding insurance coverage, the legal professionals at The Law Offices of Richard Salpietra will provide advice and counsel about the extent and scope of coverage under various types of insurance policies, including directors and officers policies, general liability and project specific policies, contractors’ insurance and bonds, surety insurance, reinsurance, business interruption, and homeowners insurance. The firm also provides advice regarding the proper course of action and/or pursues litigation on behalf of the association if there are coverage issues and bad faith claims.

Having CC&Rs or Bylaws which are outdated due to changes in the law can lead to disputes over which requirements prevail -- those in the association's governing documents or those found in California statutes. In order for the board to use the CC&Rs or Bylaws as a reference on how to properly run the association, changes may be required in order to make the documents current or clear up conflicting provisions. Depending on the types of changes required, the legal professionals at The Law Offices of Richard Salpietra can either assist in the process to amend provisions, or rewrite the entire document and prepare restated CC&Rs or Bylaws. The firm can also ensure that the amendment or restated document is properly approved and adopted.

The Law Offices of Richard Salpietra will provide formal answers to legal questions and/or address particular legal issues that arise in the governance of an association, as requested by the board or community manager. The firm will research the association’s governing documents, subdivision and tract maps, recorded documents, statutory law and case law in order to render a legal opinion regarding the issue at hand. A written letter of opinion is provided on which the board can confidently rely in determining its course of action.