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 an attorney. Most HOA boards have certain powers they can use to collect delinquent dues, but sometimes, these enforcement procedures are still not enough. Unfortunately, there are times when an HOA will need legal assistance in order to collect assessments from an owner. The attorney can also ensure proper wording of any changes to minimize the risk of liability and confusion. In these cases, an attorney can ensure the amendment process is done correctly and the new rule is legal and enforceable. Similarly, an older bylaw may now conflict with a new state law. As time passes and the community evolves, some rules and processes may no longer serve the owners the way they once had. Amending rules and governing documentsĪn HOA attorney can also help with making changes to governing documents. For example, an association law attorney could help a board decipher a clause that doesn’t clearly explain if a certain maintenance responsibility must be assumed by the association or the owner of the home.Ģ. HOA attorneys can explain and interpret vague or complex rules. The governing documents can be hard to understand since the current board likely played no part in writing them. Interpreting governing documents and lawsĪs legal associations, HOAs are bound by their governing documents, as well as federal, state and local laws. For all these reasons and more, HOAs need attorneys just like any other business would.ġ. They may even be able to resolve problems so that parties don’t have to go to court. They inform individuals and businesses of their rights and obligations, interpret rules and prevent people from drifting over to the wrong side of the law. Attorneys (sometimes referred to as lawyers) do more than defend organizations when they get into legal trouble. In this article, we’ll look at why HOAs need attorneys, and how they can find one.ĭownload our 10 FAQs asked by HOA Board Members and answered by an HOA attorneyĮvery HOA will need an attorney at some pointĮvery company, no matter how big or small, needs an attorney at some point. However, there will come a time when the HOA encounters a complex problem that requires the help of an attorney to resolve. Associations may also hire a property manager to help with day-to-day operations and owner relations. HOAs are governed by an elected board of directors who are responsible for enforcing rules and managing the development.