Homeowners’ associations (HOA) work for the benefit of residents in a planned community. The governing board of HOA comprises of residents of the community. The board tries to interpret the rules but is not always successful. That’s why an HOA attorney is important to undertake various tasks legally. An HOA attorney helps the board in interpreting various rules and enforcement tasks.
HOAs are bound by local laws, state laws, and the governing documents. The governing documents are difficult to understand and an HOA attorney comes in handy to understand and comply with the laws. An attorney helps in drafting covenants, conditions, and restrictions (CC&Rs). CC&Rs are the formal rules that all the residents have to follow while residing in a community governed by HOA.
An attorney also helps in forming rules and regulations which are less formal. The attorney will help in setting rules like how many members will be there on the HOA board, how many times meetings will be conducted with the residents in a month and whether pets are allowed in the community or not. When these rules and documents are drafted by a professional, it makes it easier to deal with problems which arrive in the future.
Sometimes HOA attorneys are hired to review the documents. Given that one document can be of one thousand pages, it requires a professional to review them strictly. Not reviewing the documents properly can prove problematic for HOA in the future.
Attorneys collect outstanding fees when the residents deny paying the HOA after repeated attempts. To increase the likelihood of success an attorney is hired. Since the attorney knows about the legal actions that can be taken in case of failed payments, many residents tend to pay the outstanding fees without argument.
Whenever there are management issues or there is a dispute among the board members, an HOA attorney can help to sort the issue outside of the court. Situations may arise where members need an explanation for particular rule; in that case, the attorney helps to solve the matter.
Sometimes there is a dispute of the residents with HOA. The attorney helps to defend HOA in the courtroom.
Community association management is not an easy field. Expert opinion is needed to solve various day to day problems. A well-experienced HOA attorney helps in solving an array of problems and helps in proper working of the HOA.
Through a free, no-obligation consultation, you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs.
Call 954-476-2680 or contact us online today.