Michael C. Kim & Associates offers clients a full array of services to match the variety of their legal needs.
TYPICAL SERVICE TO CLIENTS INCLUDE:
- Advice and guidance on full range of legal questions on powers, duties, requirements and operations of board of directors, such as association v. unit owner maintenance responsibilities, insurance obligations, use of common facilities, handling resident misconduct, election procedures, budget and assessment requirements and governing document interpretation
- Review and updating of declaration and by-laws to comply with current requirements of the lllinois Condominium Property Act or the Illinois Common Interest Community Association Act, as applicable
- Document preparation and step by step guidance to amend declaration and by-laws
- Prepare and review rules and regulations
- Contract review and documentation (for example, management, construction, laundry room, roof top antenna, common element alteration, cable or satellite TV, vendor, and commercial space lease agreement)
- Developer transition services, including enforcement of association's rights to documents, funds and accounting by developer as required by law, and litigation of claims against developer for construction deficiencies and other misconduct
- Negotiation and documentation of loans taken by association for major projects
- Guidance and advice on employment issues
- Collection of delinquent assessments and related action in foreclosure and bankruptcy proceedings. For more information, view our Collection Procedures Packet - January 1, 2012.
- Enforcement of association's rights under mixed use development agreements such as reciprocal easement agreements and expense sharing arrangements
- Enforcement of easement and other property rights against adjacent property owners
- Defense against claims by employees, unit owners and residents alleging illegal discrimination
- Defense against claims of breach of fiduciary duty against officers and directors of the association
CREATIVE AND SPECIAL PROJECT EXPERIENCE INCLUDES:
- Sale of entire condominium property in exchange for units in new condominium project
- Subdivision of commercial garage unit into 200+ parking space units and sale at cost to residential unit owners
- Purchase and use of adjacent property for additional parking capacity and green space
- Achieve a comprehensive negotiated turnover agreement with developer involving a master association, 13 condominium associations, private utility systems and related golf course and commercial areas, involving complex contingent purchase rights and incentives
- Development of affordable condominium project undertaken by community based organization
- Creation of "sweat equity" condominium project with Habitat for Humanity
- Development of a single scattered site multi-building condominium project
- Negotiate and document special easement agreements with adjacent land owners and/or developer
- Negotiate with developer for commercial condominium unit owner protections and conditions and provide for other purchasers' ratification of same
- Dealing with hazardous materials situations at association property
- Creation of special limited common element controls and right of first refusal covenants for penthouse floor of condominium project
- Structure innovative selling arrangement for implementing sale of unit as part of a settlement agreement with unit owner
- Use of bankruptcy remedy to rescue financially failing condominium association (first time in lllinois)
- Commercial condominium development and consultation
- Consultation on creation of condominium comprised of detached stand-alone single family residences
COMMUNITY SERVICE
Our Firm is committed to community service, advancing the general interests of associations, and assisting the less fortunate members of society. In that regard, the Firm provides its services on a pro bono basis from time to time, has substantial involvement with bar association and industry groups, and also makes monetary and property donations to various charitable organizations. We also will provide our clients with an hour-long complimentary director orientation seminar each year, upon request and scheduled at mutual convenience.