New and established community associations and their boards face a complex litigation profile, with claims brought by homeowners, vendors, and third parties; challenges to board decisions; and property damage disputes following storms or building events. Galloway Johnson Tompkins Burr & Smith defends homeowner and condominium associations, boards, and directors in a number of HOA and Condo Association legal matters, leveraging disciplined early evaluation, targeted discovery, and resolution strategies aligned to governing documents and applicable statutes in the Gulf South and Midwest, including Florida, Louisiana, Texas, Alabama, Mississippi, Missouri, and Georgia.

Disputes Between Homeowners and Association Boards

Galloway HOA and Condo Association attorneys defend associations and boards in disputes arising from community operations, including:

• Challenges to assessments, fines, or late‑fee practices, including demands for declaratory or injunctive relief.
• Records, meetings, and election disputes, including notice, quorum, and proxy challenges.
• Rule‑interpretation conflicts, including alleged selective enforcement.
• Community standards disputes and allegations tied to communications or board decisions.

Board and Director Defense (D&O)

Professional liability claims against directors and officers often allege governance‑related conduct rather than operational negligence. We defend:

• Breach of fiduciary duty and duty‑of‑care allegations tied to budgeting, assessments, vendor selection, reserve decisions, and emergency response.
• Conflict‑of‑interest claims, derivative allegations, and indemnification disputes.
• Claims seeking personal liability for board members, including efforts to pierce statutory protection. Our approach integrates rigorous motion practice on the business‑judgment rule and statutory immunities where available, targeted discovery to narrow issues, and trial readiness to maintain credible negotiation posture.

Breach of Governing Documents Defense

Many suits center on interpretation of declarations, bylaws, and rules and regulations. Our attorneys defend alleged breaches of covenants and rules, and address preemption and interplay with state statutes, municipal codes, and fair‑housing considerations. We focus on text, structure, and adoption history to position contract-based defenses that align with the governing framework.

Breach of Duty Litigation

As experienced litigators, Galloway attorneys defend breach‑of‑duty claims that seek damages, fees, or equitable relief against associations and boards. These can include alleged failure to maintain common elements, negligent oversight of vendors or contractors, emergency‑event response, inadequate compliance with statutory procedures, notice requirements, or dispute‑resolution provisions.

Property Damage Claims Defense (First- and Third-Party Contexts)

Property events such as storms, wind, water, fire, or construction, can generate parallel claims against associations and boards. We defend:

• Third‑party claims alleging property damage attributed to association operations, common‑area conditions, or vendor work.
• Claims arising from first‑party property losses where associations and boards are named in related litigation, including disputes over scope of repair obligations, common‑element vs. unit allocations, and vendor performance.
• Subrogation and recovery actions against associations or directors stemming from casualty events. We work with qualified experts to address causation, scope, and standard‑of‑care issues and to align defenses with the allocation of responsibilities in governing documents.

Resolution Strategy: Early Evaluation, ADR, and Trial Readiness

From the beginning of each matter, Galloway assesses exposure, pleadings, and venue to set a clear path forward towards favorable resolution. When appropriate and tailored to risk preference, we position matters for early dismissal through dispositive motions, mediation, or arbitration. Even when working to secure efficient resolution, Galloway attorneys stay trial ready, including witness development and expert coordination, to safeguard negotiating leverage and proceed when necessary. Additionally, we have represented HOA and Condo Associations when matters are appealed, providing comprehensive legal services at all stages of a case. Our goal is to reduce uncertainty and resolve disputes on terms that reflect the association’s governing documents and operational productivity.

Galloway’s Regional Reach

With fourteen offices across seven states, we can defend associations and boards across the Gulf South and Midwest, focusing on Florida, Louisiana, Texas, Alabama, Mississippi, Missouri, and Georgia. Strategies are carefully calibrated for venue‑specific rules and practices while maintaining consistency and collaboration across jurisdictions.