An HOA attorney is one that offers advice to and represents board members of the homeowner’s association. It can vary what matters they can cover, but most commonly it involves contract matters and property right issues. They are the ones that draft the community rules to make sure they fit in with the laws. They offer advice concerning the responsibilities of the leadership of the community and about the structure of the organization. If someone files a lawsuit against the homeowner’s association board, the attorney will represent them and offer advice to the board members and residents about their rights.
The role an HOA attorney takes
Property law is a large area, and HOA is a small branch of it. But is an important area to ensure the buying and selling of property is lawful. With an attorney the association is clear on the power they do and do not have, and how they can use the power. The community has to agree to abide by those set rules and the home association’s board will then enforce those rules. That board is made up by elected people and if there are any HOA disputes, the attorney is given a call. It is essential that the board has legal representation to make sure all actions taken are lawful. It is the attorney’s main job to advise and help them in their rules, and rule enforcement.
Jobs they might work on
Other roles that an HOA attorney might take are;
- If the homeowner’s association is sued at all, the attorney will offer legal advice, support and if needed representation.
- If any homeowner does not comply with the rules the association have drawn up the attorney will contact them, tell them of their violation and try to amicably come to a resolution about the matter that suits both the board and the homeowner.
- Should a homeowner not cooperate with the attorney, they will file contempt or start the proceedings for legally evicting them.
- An attorney can represent the association in any HOA disputes and in legal issues that are outside of the association too. For example, if a contractor has not completed the work they promised and legal steps are the only alternative. The HOA attorney will seek remuneration and if needed file a suit.
Homeowner’s associations need to look for and have an attorney that specializes in this area of the law. They can be their legal voice in all important matters regarding the law, enforcing regulations and dealing with difficult homeowners who have HOA disputes. Often these attorneys will actually have more than one homeowner’s association board on their books to represent, as the work for just one board, usually, is not a full-time position.