Why Homeowners Associations Need Their Own Legal Representation

Although Homeowners Associations ("H.O.A.") are entered into voluntarily by residents when they purchase a home within a community, there may be an instance that a dispute or disagreement will arise between a Homeowners Association and an individual homeowner, according to Stevens & Goldwyn P.A., HOA attorneys and subject-matter experts.

How Can an Attorney Help a Homeowners Association?

Since the majority of an HOA's governing board is made up of volunteers from the community, it is essential to retain the services of an experienced attorney to help the Homeowners Association with drafting, interpreting and enforcing the community's by-laws. Also, in the event of a dispute with a contractor or any other outside vendor, the HOA will need an attorney to prepare all legal documents and negotiate a resolution. 

It is in the best interest of a Homeowners Association to retain the services of a professional attorney with experience in Real Estate and Community Association Law from its very inception.

Drafting of Founding and Governing Documents

To ensure that the HOA is recognized by the state and that all standards for the future management of the community are in compliance with all applicable laws, an attorney should draft the founding documents. This includes, but is not limited to, the following: 

  • Homeowners Association Declaration
  • Covenants, Conditions, and Restrictions (CC&Rs) that the community intends to implement.
  • Official Articles of Corporation and By-Laws
  • Clearly worded and legally enforceable list of the Association's Formal Rules and Regulations

Interpretation and Enforcement of By-Laws and Other Governing Documents

To protect the community from a costly lawsuit, it is highly recommended that the HOA consult with an attorney when dealing with issues that involve interpreting and enforcing the association's by-laws (or other governing documents). This is especially important when the HOA's governing board is a collection of local residents, most of whom may or may not have legal knowledge of Real Estate or Community Association Law.

Source: Stevens & Goldwyn P.A.


Categories: Legal Services

Tags: hoa, legal, residential law


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