Widely known as experts in
real estate law.
The attorneys of Kapke Willerth, LLC have established the firm as a recognized real estate firm with expertise in the areas of real estate transactions, real estate development, and homeowner associations. We welcome your real estate challenge whether you are a buyer, seller, agent, developer, contractor, or the recently elected president of your homeowner’s association.
Our experience includes decades of drafting contracts, deeds, and easement documentation. We are prepared to walk our clients through any challenging real estate transaction. We will be there for you from drafting and review of the contractual documents, to resolving title issues closing and possession of your property.
A broad base of development knowledge.
Our attorneys have worked through all of the aspects of real estate development including representing developers before planning and zoning commissions and city councils. The firm has built an extensive working knowledge of the development process for large residential and commercial developments. This knowledge includes the plat process, rezoning, restrictive covenants, and public financing.
When you work with Kapke Willerth, you’ll find that we recognize how important your development is to you, to your community, and to future generations. Our goal is to provide you with the advice and guidance you need to make your development vision a reality.
When you work with Kapke Willerth, you’ll find that we recognize how important your development is to you, to your community, and to future generations. Our goal is to provide you with the advice and guidance you need to make your development vision a reality.
Real estate attorneys you can trust.
You will receive an honest and thorough evaluation of your case. And in many real estate disputes the firm can provide real estate litigation services to you on a contingency fee basis. That means you only pay if you win. More importantly, the firm’s interests remain perfectly aligned with your interests.
Commitment to helping homeowner associations.
Being on the board of a homeowner association is an often-thankless job. It results in long volunteer hours, night meetings, frustrated residents, and unexpected demands.
Kapke Willerth, LLC has represented hundreds of homeowner associations from large mixed-use developments with amenities ranging from lakes, golf courses, pools, clubhouses, and parks, to small multi-family neighborhoods. Whether its enforcing the restrictive covenants, assisting in the transition from the developer to the membership, or collection of delinquent assessments, we can help. We will work closely with your board to traverse the wide-range of issues presented in operating the association and managing its residents, common areas, and vendors.
Kapke Willerth, LLC has represented hundreds of homeowner associations from large mixed-use developments with amenities ranging from lakes, golf courses, pools, clubhouses, and parks, to small multi-family neighborhoods. Whether its enforcing the restrictive covenants, assisting in the transition from the developer to the membership, or collection of delinquent assessments, we can help. We will work closely with your board to traverse the wide-range of issues presented in operating the association and managing its residents, common areas, and vendors.
Services
- Appeals
- Arbitration
- Case Assessments
- Civil Litigation
- Discovery
- Depositions
- Pleading Drafting
- Expert Witnesses
- Mediation
- Settlement Negotiations
- Trial Strategy
- Drafting Declarations of Covenants
- Conditions and Restrictions
- Drafting Declaration Amendments
- Drafting Contracts
- Drafting Easements
- Plat and Rezoning Applications
- Development services
Disputes Regarding
- Enforcing restrictive covenants
- Collection of delinquent assessments
- Injunctions
- Adverse possession
- Boundary line disputes
- Quiet title actions
- Commercial Real Estate
- Condemnation
- Eminent Domain
- Condominiums
- Construction Defects
- Environmental Issues
- Foreclosures
- Homeowner Associations (HOAs)
- Land Use
- Landlord/Tenant
- Mechanic’s Liens
- Non-Disclosures
- Permitting
- Property Damage
- Real Estate Contracts
- Real Estate Fraud
- Regulatory Compliance
- Sale/Purchase Disputes
- Subcontractors
- Taxes
- Title Insurance
- Zoning
Frequently Asked Questions
What is Real Estate Law?
Real Estate Law governs the buying, selling, leasing, and use of land and property. It covers everything from property ownership rights to landlord-tenant issues, zoning, and real estate transactions.
Do I need a lawyer to buy or sell a home?
Not always, but it’s strongly recommended. A real estate attorney ensures contracts are legally sound, resolves legal issues, and protects your interests during the closing process.
What happens if there's a dispute over property boundaries?
Boundary disputes may be resolved through a property survey, negotiation, mediation, or legal action to quiet title. A real estate lawyer can help clarify property lines and enforce rights.
What are common issues that can delay a real estate closing?
Delays can arise from title problems (liens, unpaid taxes), financing issues, missing paperwork, inspection problems, or disputes over contract terms. Legal review can help identify and resolve these early.
What powers does an HOA have over homeowners?
An HOA has the authority to enforce covenants, conditions, and restrictions (CC&Rs) that homeowners agree to when purchasing in the community. This can include rules about property appearance, landscaping, parking, noise, and more. HOAs can impose fines, suspend privileges, seek injunctive relief through the local courts to discontinue violations, and in some cases, initiate foreclosure for unpaid dues or violations.
Can a homeowner challenge HOA rules or decisions?
Yes. Homeowners can challenge HOA actions through internal dispute resolution, mediation, arbitration, or in some cases, court. Challenges are usually based on whether the HOA acted outside its authority, violated due process, or enforced rules inconsistently.
What happens if I don’t pay my HOA dues or fines?
Failure to pay dues or fines can result in late fees, interest, suspension of amenities, and even liens on your property. In some states, prolonged nonpayment can lead to foreclosure, even if your mortgage is current.
Can the HOA change the rules after I buy my home?
Yes, but changes typically require a vote of the board or the membership and must follow the procedures in the governing documents for amendment. Rule changes must be reasonable, not retroactively punitive, and properly communicated.
Are HOA meetings and records open to homeowners?
Generally, yes. Most state laws require HOAs to conduct meetings that are open to members, with advance notice. Homeowners also have the right to inspect financial records, board meeting minutes, and budgets, though some limitations may apply (e.g., privacy or legal matters).
Let us be your trustworthy partner for your litigation needs.
Kapke | Willerth
Built on a foundation
of integrity and trust.
of integrity and trust.
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You have a direct line of communication with the attorney handling your case – you will not be handed off to a paralegal, or assistant.
You have a direct line of communication with the attorney handling your case – you will not be handed off to a paralegal, or assistant.
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