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Dedicated to West Virginia HOAs & Community Associations

At Lewis Gianola, we are proud to be one of the preeminent law firms in West Virginia for community and homeowners association (HOA) matters. Our homeowners association attorneys bring decades of specialized experience representing associations, developers, and individual homeowners in all legal aspects of community living. This practice is not a sideline for us, it’s a core focus. We have developed one of the largest and most respected footprints in the state, and we continue to lead the way in shaping this dynamic and highly specialized area of law.

Our law firm has represented homeowners associations, individual owners, planned communities, and condominium developments. We understand the complexities that arise at every stage of a community’s lifecycle, from initial development and governance structuring to long-term operations, member disputes, and litigation. One of our firm’s most notable achievements includes litigating a landmark HOA case that continues to influence how common interest community law is interpreted across West Virginia and beyond.

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At Lewis Gianola

Comprehensive Legal Services for Community Associations

We provide a full range of services designed to meet the operational, governance, and compliance needs of modern homeowners associations. Our services include:

  • Drafting, amending, and updating governing documents to ensure legal compliance and operational clarity
  • Providing day-to-day legal guidance to boards of directors and association managers
  • Advising on the enforcement of rules, covenants, and restrictions
  • Assisting with budgeting, assessments, reserves, and fiduciary duties
  • Handling the collection of delinquent assessments
  • Reviewing and negotiating contracts with vendors, contractors, and service providers
  • Representing associations in developer transition phases and developer disputes
  • Counseling on insurance requirements, risk management, and fair housing compliance
  • Representing associations in administrative proceedings, arbitration, and civil litigation
  • Advising on construction defect claims and warranty disputes
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Experienced HOA Dispute & Litigation Attorneys

Our litigators bring a long track record of success in resolving complex disputes involving homeowners associations. We represent clients in construction defect cases, breach of contract actions, rule enforcement claims, fiduciary duty litigation, and other high-stakes matters. We know what it takes to resolve conflicts efficiently, through negotiation when possible, and aggressive litigation when necessary.

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Why Choose Lewis Gianola for HOA Legal Matters

Extensive footprint in the community and homeowners association law

Responsive, strategic counsel tailored to your community’s unique needs

Proven success in precedent-setting litigation and complex dispute resolution

Long-standing relationships with developers, associations, and homeowners

A multidisciplinary legal team able to advise on related matters, from real estate to employment and environmental law

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Meet Our Experienced HOA Attorneys

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James Becker

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John R. Bsharah

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Mark R. Burdette

Spencer D. Elliott

Spencer D. Elliott

Kingery

Matthew P. Kingery

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Mark Sadd

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At Lewis Gianola, we understand that successful association governance requires more than just legal compliance, it demands practical advice, strategic foresight, and experienced legal counsel that can navigate every challenge that arises. Our goal is to help community associations operate smoothly, fulfill their fiduciary obligations, and serve the best interests of their members.

If you represent an association, manage a common interest community, or are a developer seeking legal guidance during the formation or transition of a planned development, contact Lewis Gianola online today or call (304) 345-2000 (Charleston) or (304) 291-6300 (Morgantown).

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FAQ's

What do homeowners association attorneys do?

Homeowners association attorneys advise community boards on the legal duties tied to running a residential community. They draft and review governing documents such as CC&Rs and bylaws, keeping them aligned with state and local law, and guide boards through matters such as rule enforcement and vendor contracts. This groundwork helps prevent disputes before they escalate.

When conflicts arise, whether with a homeowner or an outside contractor, these attorneys negotiate, mediate, or litigate as needed, and assist with collections on unpaid assessments and liens. This kind of steady, hands-on counsel helps associations manage routine operations and more complex legal matters as they come up.

The most important time to bring in a homeowners association lawyer is during formation, when the governing structure and founding documents are established. Getting this foundation right reduces ambiguity and conflict later. Boards should consult an attorney when amending bylaws or CC&Rs, since small wording changes can affect enforceability. Ongoing situations call for guidance too: disputes with homeowners or vendors, unpaid dues requiring collection, and questions about how state law applies. Board transitions are another good moment, since incoming members benefit from a briefing on their duties. Bringing a homeowners association attorney into these stages offers boards proactive counsel that helps them avoid problems.
Community association legal services begin with drafting and reviewing governing documents, including CC&Rs, bylaws, and operating rules. Services also extend to compliance work, ensuring an association’s policies align with state and local regulations. Contract review is another core element, particularly for vendor agreements covering landscaping and security. Dispute resolution rounds out this work, through mediation or litigation when a matter can’t be settled otherwise. Collections and lien enforcement help associations recoup unpaid assessments, while board training gives volunteer members a clearer grasp of their duties. Together, these services give boards a single point of contact for day-to-day questions and larger legal challenges.
HOA compliance refers to an association’s adherence to the legal framework governing its operations, including state statutes, local ordinances, and its own governing documents. Governance describes how the board structures its decision-making, from meetings to how policies are adopted and enforced. Together, these concepts shape whether an association runs smoothly or invites conflict. Board members carry fiduciary duties, meaning decisions need to stay transparent, consistent, and defensible. When CC&Rs and bylaws are outdated or poorly enforced, associations risk legal exposure and eroded trust among residents. This is where HOA compliance and governance attorneys play a meaningful role, helping boards interpret state rules and apply them fairly, protecting the community’s long-term value.
When a dispute surfaces, a homeowners association attorney typically starts by reviewing the governing documents to understand what rights and obligations apply to each side. This grounding in the actual rules, rather than assumptions, often clarifies what’s at stake and opens the door to faster resolution. Attorneys also advise boards on communicating with homeowners in ways that de-escalate tensions. Many disputes get resolved through mediation before reaching a courtroom, saving time. When litigation becomes necessary, homeowners association attorneys represent the association’s interests while limiting its exposure to liability. They also help boards apply rules evenly across the community, reducing claims of selective enforcement and preventing future conflicts from taking root.
Compliance keeps an association within the law, helping protect it from fines, penalties, and legal exposure that can drain community resources. Beyond legal risk, staying compliant helps maintain consistent standards across a neighborhood, which supports the property values homeowners depend on. Boards that overlook compliance often find small issues growing into larger, costlier problems. Trust matters too. Residents are more likely to respect rules and support board decisions when policies are applied fairly and consistently. Board members benefit as well, since proper compliance reduces personal liability exposure. Associations that prioritize compliance tend to operate more smoothly, face fewer disputes, and build lasting stability for the community.
Legal counsel gives boards a reliable resource for decisions carrying legal weight, from adopting new rules to responding to homeowner complaints. This guidance means boards spend less time guessing and more time making decisions with confidence. Attorneys also handle the technical work of drafting and updating governing documents as laws change. Training adds value, helping board members, often volunteers, understand their fiduciary duties and avoid common missteps. When disputes or vendor issues arise, an attorney familiar with the association’s documents speeds up the response. This kind of support helps associations run efficiently while avoiding unnecessary legal and financial risk.
Rule enforcement disputes rank among the most frequent challenges, often stemming from disagreements over what governing documents require. Collections issues follow closely, as associations work to recover unpaid dues from homeowners who fall behind. Violations of CC&Rs, tied to property modifications or shared space use, also generate a steady stream of legal questions. Associations often run into friction with vendors over contract terms or performance. Fair housing concerns require care too, since even well-intentioned policies can raise discrimination issues if not reviewed properly. Add in maintenance duties, insurance claims, and periodic amendments to governing documents, and it’s clear why associations benefit from attorneys they can turn to.
Board members are entrusted with enforcing community rules fairly and consistently, requiring working knowledge of the association’s governing documents and applicable law. Financial stewardship is another core duty, covering budgeting, reserve planning, and oversight of funds. Maintaining common areas, from shared amenities to landscaping, also falls within the board’s responsibilities. Every board decision should reflect the community’s best interests, backed by transparent communication and accurate record-keeping. This includes documenting meetings and keeping homeowners informed of key decisions. Boards also need to periodically update policies as laws change. Working with legal and professional advisors helps ensure duties are carried out correctly, reducing disputes and compliance failures.
Drafting enforceable rules requires precise language that holds up under state law. A homeowners association lawyer brings that precision, reviewing policies and identifying gaps or outdated provisions that could expose an association to risk. This matters especially when a community updates governing documents to address issues such as short-term rentals or architectural standards. Once rules are in place, attorneys help boards apply them consistently, advising on how to handle violations and what penalties are defensible. Clear communication about the rules reduces pushback. When amendments are necessary, involving counsel from the start ensures changes are properly adopted, giving boards confidence their standards will hold up when tested.