When Should a Homeowners Association Seek Legal Counsel?

Running an HOA can be challenging. HOA boards have a wide range of responsibilities to its members. An HOA attorney helps their client HOA boards serve responsibly and avoid legal liability. They educate board members on their fiduciary obligations. We have HOA attorneys located in Sonoma County that are prepared to help your board navigate the complexities of federal, state, and local laws.

When to Hire an HOA Attorney?

You will want to hire an HOA attorney if:

➢ You plan to negotiate insurance claims.
➢ Your HOA board needs to amend or rewrite the covenants, restrictions, and conditions, articles of incorporation, or articles of association and/or by-laws.
➢ You need help resolving board election and voting controversies.
➢ Your board seeks professional help interpreting governing documents.
➢ Your HOA board has run into land use issues or is involved in a construction defect claim.
➢ A homeowner or any other party takes legal action against your board.
➢ Your board is negotiating contracts with dealers and vendors or foreclosure with a bank.
➢ You’re juggling money matters and fiduciary responsibilities.
➢ Your HOA board is facing difficulties enforcing HOA rules and regulations.
➢ Your HOA board was formed recently and needs help drafting CC&Rs, by-laws, rules, and regulations.
➢ You need help collecting assessments.

What Can an HOA Attorney Do For You?

An HOA attorney can:

➢ Help prevent lawsuits by ensuring legal compliance.
➢ Help your association accurately interpret complex governing documents.
➢ Keep disputes out of court.
➢ Help your HOA board explore legal options against homeowners who haven’t paid their assessments even after several reminders.
➢ Advise your HOA board on legal matters related to personal injury, immigration, and the sale or purchase of a property.

Things to Check When Hiring an HOA Attorney

➢ Their experience.
➢ Their professional affiliations and qualifications
➢ The professional’s communication skills
➢ Their billing practices and fees

Johnston & Associates Law is committed to helping homeowners associations function smoothly. Our experienced HOA lawyers advise our client HOAs on common as well as unique legal issues. To learn more, call (707) 545-6542.