Condominium & Construction Law

Real Estate and Condominium Development
Condominium Litigation
Construction Accidents

Real Estate and Condominium Development

Regardless of whether you are a developer, unit owner or association, Kalom & Associates, PLLC can help you navigate the legal complexities associated with forming, operating and managing community associations, condominiums, and planned communities, albeit condominium and residential.

Kalom Law Firm, PLLC is able to advise Developers and Boards of Directors concerning all aspects of community association formation and operation.

Kalom Law Firm, PLLC believes that an association is a community; this is an often misunderstood and rarely addressed issue. However, in advising its association clients, Kalom Law Firm, PLLC, is always mindful of the importance of establishing, maintaining or restoring the element of ‘community.’ In our role as advisor to Boards of Directors, we advocate operating procedures aimed at promoting owner involvement, effective communication methods, well-organized and efficiently run meetings, and sound business practices. In addition, unambiguous, well drafted documents are essential to the harmonious operation and governance of an association. Without them, board decisions may appear arbitrary and unfair to some homeowners, and the all important consensus building becomes more difficult. Kalom Law Firm, PLLC can assist your association with drafting and amending declarations, bylaws, articles of incorporation, rules and architectural guidelines; as well as with the interpreting the requirements of the governing documents and applicable state and federal law.

Developer Representation

Kalom Law Firm, PLLC believes that maximum-flexibility is a key to developer success. Kalom Law Firm, PLLC can assist its developer clients through all stages of the development of a planned community, providing advice concerning the legal structure of the project, the development of common areas and amenities, community administration and governance, marketing materials, initial sales and disclosure requirements, and project transition from developer to owner control

Kalom Law Firm, PLLC believes that developers can avoid liability by having good records, sound finances, ongoing transition planning and good communication with owners. To that end, we can assist developers and property managers in maintaining and organizing records of finances and board actions, governmental and architectural approvals and other critical documents. Furthermore, Kalom Law Firm, PLLC is able to provide presentations to owner populations who are preparing for transition as well as training for incoming board members.

Kalom Law Firm, PLLC is able to provide advice regarding alternative financing for the project, including, where applicable, the use of Community Development Authorities.

Whether you need a complex, multi-layered master association with multiple sub-associations with extensive recreational amenities or a simple, well-designed fifty unit development, we can create a structure to fit your vision, product types and amenities.

Community Association Representation

At Kalom Law Firm, PLLC, one of our main goals is to assist a Board of Directors so that it governs effectively and operates the association in a legally sound manner consistent with prudent business practices. Kalom Law Firm, PLLC can provide assistance in drafting corporate policies, establishing effective procedures for running board and member meetings, and providing guidance for communications between boards and owners. Kalom Law Firm, PLLC understands the importance of compliance with state and federal laws concerning board member duties and responsibilities and thus is able to advise boards on courses of action that accomplish desired goals while avoiding liability. In addition, Kalom & Associates, PLLC can assist in negotiating a broad range of service contracts, such as property management, landscaping services, telecommunications services and amenity management.

Kalom Law Firm, PLLC can assist in handling conflicts and violations. While most members of a community comply with their community’s governing documents, a few members typically fail to pay assessments or comply with the covenants and rules. Fair enforcement and collection policies help minimize conflict, promote consistent enforcement and facilitate community building.

Condominium Litigation

Condo Buyer, Want Out?

Misled by a Developer?

Misinformed about a condominium purchase?

Misguided into a purchase agreement

Facing the loss of your earnest money & liquidation of your letter of credit?

CONDOMINIUM BUYERS, if you entered into a Pre-Construction Purchase & Sale Agreement and answered YES to any of these questions, don't let the seller lead you to believe that your hands are tied. You may be entitled to certain rights and remedies.

Developers and their attorneys often go to great lengths to craft the perfect one-sided contract; yet, what developers don't want you to know is that they are required to comply with certain federal, and in some instances, state laws meant to protect buyers from overreaching developers. A qualified lawyer with the proper training and experience can identify weaknesses in a Pre-Construction Purchase & Sale Agreement which may subject it to attack.

The causes of action most often utilized by Mr. Kalom are claims under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701-1720, (A/K/A ILSFDA, The Act) the Securities Act of 1933, 1934, and claims for breach of contract. By way of example, given the complexities of ILSDA compliance, some developers provide an insufficient Property Report, or more commonly, claim one or more exemptions under The Act, yet fail to properly qualify for those exemptions. Where a developer fails to properly comply with The Act, buyers may be entitles to rescind and terminate the Pre-Construction Purchase & Sale Agreement, recover all deposits, or damages, and attorney fees and costs.

Thus, regardless of whether or not your sale has closed, if you entered into one or more Pre-Construction Purchase & Sale Agreements of a unit in a condominium development or home in a subdivision development in Mississippi, and want to explore your rights regarding the possible rescission of your contract, return of your earnest money or damages and attorney fees, then contact Mr. Kalom for a consultation. If some instances, he can represent buyers on a contingency basis, refer you to another law firm or associate with other counsel in pursing claims. REMEMBER, YOU MAY BE WAIVING YOUR RIGHTS IF YOU WAIT TOO LONG.

Construction Accidents

Each year thousands of construction workers are injured or killed in construction site accidents. Even though construction companies are typically obligated to inspect each site with safety engineers and provide safety programs, accidents still occur.

Generally, an injured worker cannot sue his or her own employer for injuries arising out of work related activities; however, if it can be shown that a third party's negligence caused the injuries, that party can be held liable. Additionally, in some instances workers may be injured at a construction site due to their own inadvertence or due to a condition that was no person's fault. When a worker is injured due to his or her own negligence or that of his or her employer, or due to a condition which was nobody's fault, that injured party can still receive compensation in most states through Workers Compensation. Workers' Compensation Acts provide benefits to workers who are injured on the job or suffer an occupational disease arising out of and in the course of employment. The benefits under Workers' Comp include weekly payments based on a percentage of the employee's average weekly wage for temporary total disability, partial disability, permanent and total disability and permanent loss of function and disfigurement. Workers' Comp also covers medical expenses for treatment that is reasonable, necessary and related to the industrial injury and vocational rehabilitation services.

In some instances, however, a third party is to blame for injuries that occur on the job site. When a construction site accident occurs, the owners, architects, and manufacturers of equipment can be held responsible for inadequate safety provisions. The general contractor and all subcontractors are required to provide a reasonably safe site, to warn of hazards inherent in the site and work, to hire careful employees, to coordinate job safety and to supervise compliance with safety specifications.

Manufacturers of construction equipment are responsible for designing and maintaining safe products. Defective or dangerous products may include the following: scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy equipment, boilers, pressure vessels, gas detectors and other types of construction equipment.

Therefore, it is often possible to find liable third parties in the event of a construction related injury. This is often important because Worker's Compensation benefits do not provide compensation for the pain and suffering that a person endures as a result of an accident.

Learn More About Workers' Compensation