Nina H Kazazian

Truly I am sorry you had a bad experience and were unhappy with the hourly billing rate and terms of the representation to which the HOA Board agreed in advance. I am very sorry to see that additional discounts and courtesy write-offs did not improve your experience. This situation is a good example of why we strongly advise companies, individuals, and non-profits to consult with an attorney early and often, before there is a problem. Ideally, you will develop an enduring relationship with an attorney whom you trust to proactively guide your company to protect you from costly disputes. Companies and Homeowners' Associations are regulated by law here in Colorado (as in most jurisdictions). These laws change frequently, and if the business and HOA has not kept up with the requirements of those laws, the potential counterclaims and damages make it very risky to initiate collection actions against a delinquent homeowner. Here in Colorado, if the HOA is out of compliance, the individual members of the Board of the HOA can be held personally liable for breaching their fiduciary duties and not safeguarding HOA finances, in certain situations. In addition, failing to enforce one homeowner’s obligations to pay the HOA dues will subject the HOA to liability if it later tries to enforce a different homeowner’s obligations. The Board is charged with the responsibility of running the Association in accordance with the law and the HOA governing documents and must enforce these obligations equally amongst all the owners. As with any corporate or non-profit entity, an HOA also has ongoing responsibilities and obligations to maintain specified records and communications with its members. One of the most important responsibilities of the Board is to manage the finances of the HOA, including budgeting an amount for legal fees to maintain compliance and to collect amounts that are due from the HOA members. If any of these responsibilities are neglected for a long time, the solution will absolutely be time consuming and expensive. In such instances, it is not realistic to expect competent counsel to rectify long-standing issues for less than $2,500.00. By contrast, it is often the case that such risks can be avoided for a fraction of the cost of any lawsuit. Here at Kazazian & Associates, we advise our clients about potential risks and how to avoid them or correct them before problems arise. Our goal is to minimize the fees and costs our clients pay by managing risk proactively. Preventative law is more cost-effective and less time-consuming than waiting until an adversary discovers these problems and brings an enforcement action. Even when a client comes to us for the first time on the brink of, or already mired in, a legal battle, we will work within your budget. We may not be able to do everything, but we will clearly communicate what your budget might reasonably attain and recommend a strategy that maximizes value and results. We also do whatever we can to clearly communicate so the client has reasonable expectations for the outcome relative to their set budget. We routinely provide estimates, always have a written agreement with the client before services begin, provide detailed invoices at regular intervals and when the client asks for an update. We do charge to provide you with well-reasoned legal advice, whether in person or in writing (including emails). Over my 25+ years of practice, I have succeeded in meeting these objectives all but a couple of times. This, unfortunately, seems to be one of those times.