General Counsel

TITLE: GENERAL COUNSEL

DEPARTMENT: Executive Vice President

REPORTS TO: Executive Vice President

FLSA STATUS: EXEMPT

GRADE: 14

BASIC FUNCTIONS AND RESPONSIBILITY:

The General Counsel has two primary roles:

Provide legal services required in the course of MVF’s daily operations (on-going collection activities for delinquent assessments; answering resident questions; reviewing lawsuits and liens; monitoring foreclosures and bankruptcies; etc.).

Advise MVF management, staff, and Board of Directors on legal impacts of issues the organization encounters (advise senior leadership to aid in achieving departmental missions; interpret MVF documents and policies; review and advise contract provisions, applicable statutes, and corporate practices; etc.).

PRIMARY DUTIES:

• Provides legal guidance to the EVP, MVF Directors and staff, MVF Board of Directors and Committees.

• Coordinates MVF Collections Process; reviews legal documents with Collections Manager; and files documents as appropriate with the court system to collect delinquent assessments.

• Reviews bid documents, contracts, and other documents and agreements to support day-to-day operations; provides templates for legal terms in forms used by residents; assists staff in negotiating and drafting terms of contracts and agreements.

• Monitors changes in county and state laws affecting MVF, homes corporations and condominium associations, residential property management and debt collection; drafts proposed legislation and revisions to existing legislation; explains MVF’s interests to legislators; and coordinates with other industry representatives.

• Appears as MVF’s attorney of record in assessment collections and architectural violations proceedings.

• Collaborates with senior leadership team to develop and implement plans for the operational infrastructure of systems, policies, processes, and staff.

Provides support to MVF Departments:

• Advises the EVP on corporate compliance and governance matters; advises CFO on collections, finance, and accounting procedures and policies; responds to Auditor requests.
• With the EVP, monitors legal claims against MVF and refers claims to MVF’s liability insurance carrier; coordinates and works with outside counsel on complex legal matters as needed.

• Evaluates unusual architectural violations; interprets MVF architectural covenants and guidelines; prepares suits to obtain injunctions to correct violations.

• Offers opinions on MVF employee policies; employee manual; compliance with wage, benefit, and leave regulations; seasonal employment issues.

• Advises regarding covenant and by-law interpretations, policies, association governance, record requests, and disclosures.
• Provides guidance and reviews terms of contracts for park and facility maintenance; reviews consultant/instructor contracts; advises regarding environmental regulation of natural resources within Montgomery Village.

Attends and participates in open and closed sessions of the MVF Board of Directors.

Serves as the Corporate Secretary to verify authority of EVP to bind MVF in agreements.

Performs other legal work and research as needed.

KNOWLEDGE, SKILLS, AND ABILITIES:

Proficiency in the following:

• Statutory and common law of Maryland regarding HOAs, condominium associations and not-for-profit organizations (501(c)(4) status). Specific areas: debt collection; interpretation of association documents; budget adoption and reserve study requirements; parking regulations; association governance; and the land use and development process.

• Debt collection legal process and sufficient experience to provide guidance in drafting and filing lawsuits; post-judgment collection methods including garnishments, liens, sheriff sales, foreclosures and bankruptcies; and filing petitions for surplus proceeds in foreclosures and tax sales.

• Maryland Civil Procedure and Pleadings in the District Court and Circuit Court, including MDEC filing procedures and forms, and resolution of cases using
  MD Rule 3-506(b).
• Maryland statutes: HOA Act; Condo Act; Contract Lien Act, Corporations & Associations Article.
• Federal Statutes: Fair Debt Collection Procedures Act; Americans with Disabilities Act; Fair Housing Act.
• Resolution of covenant violations, including Circuit Court injunction process, Montgomery County Common Ownership Communities dispute resolution process, and hearings before administrative agencies, including M-NCPPC.
• Microsoft Office Suite

Ability to:

• Draft contracts, legal complaints, motions, payment and consent agreements, memoranda, detailed written communication, and explanations of transactions and other documents such as easements and memoranda of understanding.
• Identify and advise on legal issues, risks, and liabilities related to MVF’s strategic priorities.
• Exercise sound, expert, and independent judgment within MVF policy guidelines and negotiate legal outcomes in the best interest of MVF.
• Effectively organize and present information clearly to MVF staff, Board members and residents.
• Professionally manage conflicts among colleagues and residents.
• Maintain confidentiality in responding to sensitive inquiries and complaints.
• Plan and complete multiple projects concurrently.

• Effectively communicate MVF’s positions and interests to Montgomery Village residents, local government officials and employees, the courts, and administrative agencies in writing and in-person presentations.
• Maintain documents and records in automated record systems.
• Obtain statutes, regulations, case law, and land records from online systems.

REQUIRED CREDENTIALS AND PREVIOUS EXPERIENCE

• Must be admitted to practice law in Maryland before the Supreme Court of Maryland.
  
• Minimum of 8 years’ experience as a licensed attorney in a corporate law firm practice or in-house general counsel.
• 5 years as part of an executive team.

Benefit Eligible Position

This position is eligible to participate in our medical, dental, vision, long-term disability, flexible spending account, life insurance, cash benefit offset, and retirement benefit plans