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How a Homeowners Association Retains Legal Counsel

Homeowners’ associations face unique legal challenges. Legal problems can land a homeowner’s association in legal trouble if left unaddressed. A homeowners association lawyer in Santa Rosa can help your homeowner’s association navigate the legal maze. The professional can advise board members on various legal matters, help ensure legal compliance, and represent the HOA board if a homeowner or a third party initiates legal action against the association.

When should an HOA Seek Legal Counsel?

Your HOA lawyer will respond to legal issues promptly before they snowball into major concerns. The professional will advise the HOA board on the governing laws and assist in amending governing documents.

Here are some situations where an HOA may want to seek legal counsel.

  • The board needs to negotiate insurance claims.
  • The directors plan to amend or rewrite HOA governing documents such as the Covenants, Conditions, and Restrictions, the Articles of Incorporation, or the ByLaws.
  • A homeowner or homeowners are seeking legal action against the HOA.
  • The board wants to resolve election and voting controversies.
  • The board wants to interpret or enforce HOA governing documents.

What Can an Attorney Do For an HOA?

HOA laws vary among states. An HOA attorney knows the nuances of applicable laws. They advise their HOA clients on legal matters. An HOA attorney can advise you and other association members about organization structure and leadership responsibilities. Your HOA’s attorney will also educate board members and residents on their rights.

Some other responsibilities of an HOA attorney include the following:

  • To help the board draft HOA founding and governing documents in a way that complies with governing laws. They are also responsible for amending these documents (when a governing law is tweaked) to ensure they are current.
  • To draft HOA policies and help the board enforce them.
  • If a construction defect is discovered, an HOA attorney can assist homeowners in taking legal action against the builder or developer.
  • To help the HOA board interpret complex governing laws and documents.
  • To place a lien on a homeowner’s property who refuses to pay their assessment after the HOA has exhausted all their options, including imposing a late fee or revoking certain privileges.

Litigation is time-consuming and expensive. With their clients’ best interest at heart, HOA attorney tries to keep disputes out of court. If a homeowner or a third party threatens to initiate legal action against your HOA, its attorney will try to negotiate with them. If negotiations fall apart and the matter reaches court, the HOA attorney will represent your HOA.

Johnston & Associates is a renowned law firm in Santa Rosa. Our attorneys bring decades of collective experience to the table. They have amassed a wealth of specialized knowledge over the years. Their unparalleled ability to tailor legal solutions to our client’s unique needs sets them apart. To learn more, call (707) 545-6542.

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