what does an hoa attorney do

The Role of Homeowners' Association (HOA) Attorneys

• Attorneys Help Draft HOA Founding and Governing Documents. ...
• HOA Attorneys Sometimes Represent Homeowners' Interests. ...
• HOAs Consult Attorneys for Ongoing Management Issues. ...
• HOAs Hire Attorneys to Collect Fees and Assessments. ...
• You Might Need Your Own Attorney

Full Answer

Why do I need an attorney for my Hoa?

Having a good HOA attorney who specializes in community associations can assist in ensuring compliance and, in turn, preventing lawsuits. Homeowners association attorneys can also aid in everything from amending CC&Rs to collections, as well as provide legal representation should the HOA need it.

What are Hoa’s responsible for?

The HOA is also responsible for keeping walkways, sidewalks, and entrances clear of debris, and they generally keep up with the landscaping around communal areas (most HOAs will do the landscaping for homeowners if the HOA oversees a condo or townhouse complex). No matter how large the community is, there will always be a conflict of some kind.

What should be included in an HOA lawyer contract?

While the specifics of an HOA attorney contract can change from one to another, there are a few key details and provisions that must never be left out. 1. The Client First of all, the HOA lawyer contract should clearly indicate who the client is.

What does an HOA attorney do?

Every homeowners association needs legal counsel for a sundry of issues. An HOA attorney can serve as general legal counsel when it comes to manage...

Why are HOA attorneys important?

Having a good attorney who specializes in community associations can assist in ensuring compliance and, in turn, preventing lawsuits. HOA attorneys...

How can I find the right HOA attorney?

Just as important as having an attorney, though, is finding the right one. Make sure to look at credentials, testimonies, and expertise when evalua...

What does a HOA attorney do?

An HOA attorney can serve as general legal counsel when it comes to management concerns , such as disputes or accusations of discriminatory behavior.

What can a lawyer do for a HOA?

An HOA lawyer can also help with making changes to the governing documents to modify everything from architectural guidelines to increase the number of board members. Amending the HOA governing documents is no small act. The process can take some time and a great deal of work.

Why is it important to retain an attorney?

Retaining the services of an attorney is important for every homeowners association. The HOA governing documents, as well as federal, state, and local laws, dictate many aspects of the community’s management. The association must follow these stipulations.

What should an HOA board do when amending a governing document?

When the HOA board chooses to amend the governing documents, they should make sure the changes don’t come into conflict with existing stipulations. The alterations should also comply with federal, state, and local laws, such as the Fair Housing Act. An attorney can help with that as well as the proper wording of any changes to minimize the risk of liability.

What to do if a HOA board decides to take further action?

If the board chooses to take further action, such as file a lawsuit or place a lien on the property, it will need the help of HOA attorneys. Of course, you should still make sure to act within the parameters of the governing documents.

Why is it important to have an attorney for a homeowners association?

Just as important as having an attorney, though, is finding the right one. Make sure to look at credentials, testimonies, and expertise when evaluating prospects. Beyond that, ensure that the attorney you ultimately select shares the same ideals as your association and works well with your board.

What happens if a HOA board is not upholding its responsibilities?

If a board is found to not be upholding these responsibilities or acting neglectfully, homeowners within the association may take legal action. The board of directors would then need legal representation, and in many cases, a lawyer they have already retained will be able to assist.

Advising HOA boards

There are HOA boards that have no legal knowledge whatsoever. HOA attorneys help them make suitable decisions regarding HOA management, including budgets and legislation. For instance, HOA boards cannot simply choose to increase HOA fees without consulting with an HOA attorney.

Drafting HOA policies

HOAs usually have a lot of rules. HOA policies are often written by an attorney who understands how they can be legally enforced. For instance, if your HOA has banned certain colors on HOA-managed homes, then your HOA attorney can write a policy with the HOA board that explains what happens if this rule gets broken.

Representing HOAs in litigation

HOAs are always known for their lawsuits. For instance, HOA management companies are often sued when HOA boards refuse to pay them. HOAs also get sued a lot because of their covenants and policies, which sometimes, turn out to be unfair or unlawful.

What does a HOA attorney do?

HOA attorneys primarily work with the association’s board. But, things can quickly spiral into a mess of overlapping dialogue when there are several board members liaising with a single attorney. That said, it is a good idea to designate a point of contact — a specific board member or two who will act as a liaison between the attorney and the rest of the board.

What Should an HOA Attorney Contract Include?

When a homeowners association hires an attorney — or any vendor, for that matter — it should always formalize the agreement through a written contract.

Why is it important to know who the attorney must communicate with?

Indicating who the attorney must communicate with not only makes things more organized and easy to follow but can also reduce fees. If your attorney is taking the time to read and respond to five or six emails that all say the same thing, then your HOA will end up paying a lot more money in billable hours.

What is a HOA contract?

A contract establish es the working relationship between two parties as well as serves as a form of protection and point of reference in case of any disputes. While the specifics of an HOA attorney contract can change from one to another, there are a few key details and provisions that must never be left out.

Why are lawyers less likely to go after difficult cases?

With this type of setup, lawyers or law firms are less likely to go after the difficult cases because they have a smaller chance of winning.

Can a HOA attorney contract specify what services they are entitled to?

Far too many HOA attorney contracts don’t specify what services to which their client is entitled. This creates a gray area of sorts when problems do arise. You might bring up an issue to your attorney and expect them to provide you with a solution, only for them to say it’s not covered in their contract.

Does a HOA have to pay a fee?

In other words, the HOA will pay a fee contingent on the circumstances of the case. Some contracts charge a certain percentage of the collection amount if the suit doesn’t go to court and a higher percentage if it does. There are even fees contingent on whether or not the owner appeals.

What is the HOA responsible for?

The HOA is also responsible for keeping walkways, sidewalks, and entrances clear of debris, and they generally keep up with the landscaping around communal areas (most HOAs will do the landscaping for homeowners if the HOA oversees a condo or townhouse complex).

What are the HOA responsibilities to homeowners?

But what are the responsibilities of the HOA? After all, they don’t just collect money from you without promising some things in return!

What can I do if my HOA isn’t upholding its responsibilities?

If the HOA isn’t fulfilling its responsibilities, you can do something about it.

What is a HOA?

An HOA is a group of community residents (or a management company) that enforces the rules and regulations that fellow residents must follow. You’ll usually find HOAs in planned developments like a condo complex, townhome communities, and in both many newly developed and established neighborhoods with single-family homes.

What is the role of a treasurer?

We mentioned that the treasurer is responsible for managing financial records and paying the contractors or repairmen, but their role goes beyond that. They are also responsible for collecting dues from community members and following up with members if they forget to pay.

Can a HOA put a lien on your home?

Depending on the development, as well as state and federal laws, an HOA could slap you with warnings, fines, and potentially even put a lien on your home — providing they are within their legal rights to do so and they follow the correct procedures.

Is there a conflict in a HOA?

No matter how large the community is, there will always be a conflict of some kind. It is up to the HOA members to investigate the cause of the conflict and figure out who is in the wrong.

Who represents the entire membership of an HOA?

Our position is that a lawyer who represents an HOA represents the entire membership of that association and the entity, as opposed to a couple of minority owners who happen to be on that board of directors at the time he represents them.

What is the ethical responsibility of a lawyer?

Seems to me that the lawyer has an ethical responsibility to work according to his client's direction (the board of directors, presumably communicated through a designated person). If asked to do something he believes is unethical or illegal the lawyer has a responsibility to withdraw.

Can a lawyer defend a condominium association?

A lawyer defending a lawsuit brought by a condominium owners' association, may not give advice other than to obtain counsel to unrepresented individual members of a condominium association not parties to the lawsuit, where there is a reasonable possibility that the interests of the unrepresented members may conflict with interests of the lawyer's client.

Does a lawyer know what the membership wants?

The lawyer has no way of knowing what the entire membership wants.

Is a HOA a corporation?

And finally, most HOAs are set up as corporations. The Board is the elected body which governs the corporation. Now an HOA attorney would be hired and compensated by the Board NOT the individual property owners. The attorney would take direction and instreuction from the Board. They would serve at the pleasure of the Board not the owners.

Why is there a stigma against homeowners associations?

But there’s a reason that a stigma exists against homeowners associations: Board members on a power trip can institute and enforce some ridiculous restrictions.

Why can't HOAs restrict plants in Florida?

Florida, too, has its own homeowner-friendly rules: HOAs can’t restrict plants simply because they’re not in the community’s overall design plan. If you’re a homeowner in one of those states, persuading your HOA to embrace eco-friendly policies isn’t impossible.

What is the line that homeowners associations can't cross?

Your homeowners association board might like to play at being tyrants, but here’s a line it can’t cross: the Fair Housing Act.

Can you slip HOA rules in under the cover of darkness?

And slipping HOA rules in under the cover of darkness is a big no-no. The regulations for how new rules can be enacted should be outlined in your CC&Rs—and if the HOA isn’t following its own stipulations, you have a valid complaint for any secret swashbuckling.

Can a HOA board roll over?

Of course, that doesn’t mean your HOA board will roll over, either; you might need to appeal the fine.

Do HOAs still have antenna restrictions?

You might find that some HOAs still have antenna restrictions written into their covenants. These may be retro artifacts from pre-1997, when the FCC rule came into play.

Can a homeowners association fine you for ethnicity?

That means that your homeowners association can’t fine you or keep you from purchasing a home in the neighborhood because of your ethnicity or race.