HOA lawyers are a huge asset to any homeowners association. They provide ample assistance, helping HOA boards navigate their often-complex legal issues. Some associations, though, remain unconvinced about the benefits these lawyers pose. However, without a law background, an HOA board that attempts to take matters into its own hands will only find itself in hot water.
What Do HOA Lawyers Do?
On the surface, homeowners associations may not seem complicated. However, managing HOA communities requires specialized backgrounds and a certain level of experience. Board members frequently grapple with legal issues, ranging from homeowner disputes to compliance with local statutes. This is where HOA lawyers come in.
Also referred to as HOA attorneys, HOA lawyers provide legal guidance and representation to community associations. They specialize in matters related to HOAs and condominiums, drawing from their expertise in various legal fields such as real estate law, contract law, and civil litigation. They help associations create and interpret governing documents, comply with federal, state, and local regulations, and resolve conflicts within communities, among other things.
While HOA boards may want to pinch pennies and deal with legal issues independently, it is often impossible without professional help. The only exception is if someone on the board has a background in law. However, this is not the case for most communities.
The Benefits of Hiring an HOA Lawyer
Navigating the ins and outs of HOA governance and legal regulations can be challenging. Here are the top reasons why hiring a homeowners association lawyer is best.
1. Creating, Amending, Reviewing, and Interpreting Governing Documents
An HOA lawyer can help communities handle their governing documents in four ways: creating, amending, reviewing, and interpreting. Most of the time, the CC&Rs and bylaws contain legal jargon, and not all board members can fully comprehend or interpret these documents. A lawyer’s interpretation can sometimes help an HOA board make a decision on an important issue.
HOA lawyers also review the governing documents for outdated or conflicting provisions. This will allow the HOA board to determine what amendments are necessary. Then, lawyers can draft the amendment for the board and ensure it aligns with legal requirements and the rest of the documents.
No HOA can operate without governing documents. As such, even at the beginning of an association’s life, lawyers should be there for guidance. HOA lawyers can help developers and budding communities draft the governing documents in a clear and enforceable manner.
2. Enforcing the Rules
Good governance is vital for homeowners associations to run smoothly. HOA lawyers help the board understand rules, create clear policies, and follow proper procedures. They help the board during meetings, ensure voting protocols are followed, and offer advice when making decisions. This allows the HOA to uphold transparency and accountability.
3. Collecting Overdue Fees
Many community associations have homeowners who fail to pay their assessments. Their reasons for this can vary, from financial constraints to outright refusal. HOA boards typically employ measures like late fees to collect overdue dues. HOA lawyers are essential if the board opts for more aggressive steps like lawsuits or property liens. However, adhering to the governing documents’ guidelines is crucial throughout the process.
4. Complying With Legal Requirements
In the HOA world, laws and regulations are ever-changing. Moreover, they are usually complex, making them difficult to understand. HOA lawyers can help associations navigate the intricacies of the law, ensuring that associations comply with all guidelines and requirements to avoid liability.
5. Resolving Disputes
Conflicts are bound to arise within homeowners associations, whether about architectural rules, noise, or neighborly disputes. HOA lawyers act as mediators and negotiators, guiding productive conversations and striving for peaceful resolutions. Their expertise in communication, negotiation, and conflict resolution fosters community unity. This helps prevent disputes from worsening and sustains positive resident relations.
6. Managing Risks and Minimizing Liability
Homeowners associations encounter various legal risks, ranging from property disputes with residents to liability concerns. HOA attorneys are pivotal in recognizing and minimizing these risks. They can help devise plans to manage risk and steer the association away from potential liability.
7. Representing the HOA
Homeowners associations can attempt to avoid legal disputes, but they will come one way or another. Everyone from homeowners to contractors can take legal action against the association. Litigation can even follow. An HOA lawyer can represent the association and offer a strong defense in these instances.
How to Search for HOA Attorneys
Many associations have trouble looking for the right lawyer, not knowing where to begin. Here are the steps boards can take to find homeowners association attorneys.
1. Examine Needs
First, an HOA board should examine the needs of the association. Does the HOA need someone who can provide all services or just a few? If an HOA has a high delinquency rate, it should prioritize a lawyer to collect overdue fees. Identifying the HOA’s needs will allow the board to narrow its search.
2. Ask for Referrals
Ask for referrals from other HOAs, HOA management companies, or real estate experts who have dealt with HOA attorneys. Recommendations are often more reliable because they come from trusted sources who have proven the lawyer’s skills and reputation.
3. Look Online
Associations should also use legal directories and bar association websites. An HOA’s local chapter of the Community Associations Institute (CAI) should also contain a list of lawyers who are well-versed in HOA law.
4. Interview Candidates
Arrange meetings with the candidates to discuss the HOA’s needs. An interview will also allow the HOA board to evaluate the candidates’ skills and methods in managing HOA-related issues. Ask about their experience with similar situations, their pricing models, and how they communicate with clients.
5. Verify Credentials
An HOA board should make sure to verify the credentials of the attorney. This includes confirming their licenses and certifications. Skipping this step will only increase the HOA’s risk of liability.
6. Assess Qualities
Apart from experience and expertise, an HOA board should also evaluate the lawyer’s trustworthiness, responsiveness, and values. It is important to choose a lawyer whose vision aligns with the association. Since the lawyer will be working with the association for a long time, the board should pick someone with whom the HOA can develop a rapport.
The Final Word
HOA lawyers play a crucial role in ensuring homeowners associations’ smooth operation and legal compliance. Despite initial skepticism from some associations, the benefits of hiring these legal professionals are undeniable.
Cedar Management Group offers legal assistance to HOAs and condominiums alike. Call us today at (877) 252-3327 or contact us online to learn more about our services!
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