Navigating Communities Through the Rough

Our Community Association Team representation involves:

  • Community Formation
  • Complex litigation
  • Specialized general counsel representation
  • Mountain and small communities
  • Insurance recovery
  • Mediation and arbitration

Why Choose Feldmann Nagel Cantafio & Song PLLC?

At Feldmann Nagel Cantafio & Song PLLC, we take on the really tough, complicated cases and problems that impact homeowner associations and burden board members and managers. Our community clients come to us with very difficult issues, many of which involve situations where someone has deliberately tried to take advantage of volunteers at the helm of a community. We handle complicated HOA litigation matters, and because of our vast experience in other areas of law, we know how to think outside the box to find solutions to uncommon problems. We have an arsenal of firm resources, stemming from various practice areas, that help associations as well. We also offer general counsel representation for communities who desperately need a change in how they are handling day-to-day problems.

Even with great management, volunteers are ultimately in charge of the governance of their communities. With that role comes the responsibility to solve difficult legal issues. We help associations fulfill that responsibility by using our talents and experience to help them navigate successfully through difficult issues and out of conflict in order to move forward in all areas of governance, to lead effectively, and protect the assets of the community.

Community Formation

The cornerstone of a successful community is strong legal counsel. Without it, the problem-solving process can simply become a problem without a solution. That is why we work to provide effective, high-caliber solutions to accommodate the best interests of the community associations we serve. We provide comprehensive community formation litigation that adheres to the ever-changing laws affecting Colorado HOAs. As such, our clients depend on us to address all components of their community formation interests from the ground up. Our services include, but are not limited to:

  • Drafting, revising, modifying and enforcing:
    • Covenants
    • Declarations
    • CC&Rs
    • Party wall agreements
    • Subdivision improvement agreements
    • Purchase and sale agreements
    • Limited warrant agreements
    • Easements
  • Evaluating plat maps to ensure lawfulness per Colorado law
  • Establishing connections between community associations and the Secretary of State
  • Preparing property developer applications to the Colorado Division of Real Estate
  • Obtaining HOA employment identification numbers (EIN) numbers

HOA Litigation & Problem Solving

We handle:

  • Management disputes
  • Complex covenant and easement disputes
  • Construction issues
  • Insurance recovery

We take and are referred tough cases. Our background in real estate litigation, employment, civil rights (including extensive Fair Housing experience), construction, and complex collections allows us to help associations protect their assets. We pride ourselves on taking the cases in which a community has been wronged, and we work hard to formulate litigation and trial strategies designed to help our clients find restitution or other solutions. We also defend community clients, but always with a focus on what is best for the community.

We approach every case with the goal of helping the client move on as quickly as possible, and provide in-depth, cost-benefit analysis so that managers and board members alike can determine the best course of action. We get our clients through the rough spots and back on to the fairways and smooth trails of governing the community. Our attorneys enjoy the fact that each community problem can be different and require specialized solutions, and we love to apply our broad litigation backgrounds to finding solutions that, quite frankly, require outside-the-box thinking. We also provide preventative litigation advice and offer various educational workshops designed to help our clients avoid legal problems.

General Counsel Representation

We provide general counsel representation to both our community and community-management clients. For associations, we pride ourselves on protecting your community’s bottom-line. We use our broad litigation experience to tailor customized solutions to difficult governing document issues, as well as a number of other problems. We draft with precision. We know effective assessment recovery is the cornerstone for many communities and pride ourselves on our collection philosophy, which is to reduce our client’s gross debt as quickly as possible. We also assist our community-management clients with regulatory and administrative law issues, which are the result of recent licensure protocols, and help them with their business law needs.

Mediation & Arbitration

As the association industry evolves, there will be a greater need for alternative dispute resolution with respect to community associations, such as mediation and arbitration.

Our Vision Statement

We use our substantial resources and broad litigation experience to find true, outside-the-box solutions to complex and challenging problems for our community clients, which are designed to be cost-effective and return our clients to sound governance.