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An attorney with 35 years of experience in courtroom litigation and business representation, Jerry Cardwell holds a juris doctor from Drake University Law School in Des Moines, Iowa. Over the course of his career, he has demonstrated expertise in areas of practice ranging from personal injury and products liability law to real estate and corporate law. Jerry Cardwell is driven in all of his pursuits as an attorney by Kaizen, a Japanese business philosophy that stresses the value of ongoing improvement and the continual refinement of operational processes.
Since 1990, he has practiced as the owner of Cardwell & Associates, a boutique law firm that started in the Cherry Creek neighborhood of Denver, Colorado. This position placed him in charge of a team of four other lawyers, as well as a bookkeeper and a half-dozen law clerks, paralegals, and secretaries. In addition to his courtroom work, he performed corporate mediation services and transactional writing for state and federal courts.
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Common Litigation Issues with HOA
An attorney based in Colorado, Jerry Cardwell owns Cardwell & Associates, specializing in business and real estate law. He has been active in the Colorado legal industry for more than 30 years, during which time he also operated a firm in Denver. One of Jerry Cardwell’s areas of expertise is mitigation of homeowners association (HOA) disputes.
Neighborhoods and apartment complexes usually have a homeowners association (HOA) through which residents collectively establish rules for maintenance of the area. These range from having specifications about decorating the exterior of homes to paying fees or sharing costs to improve common spaces. However, there are several issues HOA members may have with the association that can require legal arbitration.
One of the most encountered homeowners association litigation problems is transparency. When homeowners pay fees, they expect to receive financial reports that reveal where their money goes and what improvements the HOA makes with those fees. When HOA does not provide these reports, residents may file complaints since they have not been included in the decision-making process or have no evidence that their money has been used for the promised purpose.
Other problems that may arise are maintenance and repair delays and failures. If the HOA does not perform well and does not provide maintenance and repair, homeowners can hire lawyers and create a lawsuit for breach of fiduciary duty, which means that the HOA does not take care of its duties. Homeowners can file a lawsuit against one board member of the HOA or the entire association.
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