At Vial Fotheringham we have a unique philosophy in connection with our representation of homeowners associations. Our approach rests on three very important principles:

1. We provide direct and meaningful navigation assistance to boards of directors.

   In this role, we act as advisors and navigators to help boards of directors avoid the pitfalls that are common to homeowner association leadership. We do so through education, publication and effective ongoing communication. Whether it is the management of a difficult meeting, the preparation of an important resolution, the interpretation of often complex governing documents, or the management of a crisis, our superior preparation and experience will ensure the board receives the best possible advice.

   This approach to providing constant guidance to homeowner association boards is the most important feature of our representation, inasmuch as it helps to avoid many conflicts that otherwise might lead to expensive and time consuming litigation.

2. We provide assistance with sound fiscal management.

   While professional managers and accountants are extremely important in the day-to-day fiscal operation of a homeowners association, every association eventually finds that they have a need to enforce common assessments to maintain an even revenue stream. Often this arises in the context of a special assessment where owners are asked to pay extraordinary amounts in connection with peculiar needs.

   Our firm has developed an unparalleled system for collection of assessments which does not burden the association with the necessity of paying high legal fees prior to receiving the delinquent funds. Because of the high volume of collections pursued by our firm, we offer the “cash flow enhancement” method of collecting fees which essentially places the burden of being paid for our work squarely on our shoulders and allows the association to avoid paying fees until we have collected from the non-paying owner.

   At Vial Fotheringham we believe that consistent, effective collection of delinquent assessments is the best way to avoid delinquencies in the future.

3. Vigorous and effective pursuit of association rights.

   When all else has proven ineffective, it occasionally requires an association to assert its rights through the legal process. At Vial Fotheringham, we have an unprecedented record in establishing those legal rights for homeowner associations when necessary. Our firm is the only firm with two construction defect cases reported from the Oregon Court of Appeals to its credit. We have also represented clients in numerous non-construction defect litigation matters with tremendous success over the years.

In Conclusion. . .

The three principles set forth above provide a very stable and powerful foundation for our representation of homeowner association claims. By being careful not to represent developers and management companies, we maintain our professional independence. While we work cooperatively with developers and managers in many cases, we strive to avoid the conflict of interest which we believe would manifest itself in representing them.

In summary, we believe that Vial Fotheringham is the only law firm in our market area to offer the balance and breadth of services specifically targeted toward homeowner associations. By being aggressive and proactive in our litigation matters, we ensure that our clients maximize their legal rights and recoveries. However, we always strive to educate and assist our clients in navigating in such a way that litigation is a last resort.

We look forward to working with you and your Association!!!

—The staff and attorneys at Vial Fotheringham LLP