Two Good Reasons To Hire An Attorney When Starting A Homeowner's Association

Law Blog

Most homeowner's associations are started with the best of intentions -- whether they're governing a collection of condos, a row of townhouses, or a pre-planned community -- the goal is generally to preserve the common interests of those who live there.

Unfortunately, there is no pleasing everybody and not everyone who moves in -- or even already lives there -- is going to consider some of the "common interests" enforced by the association to be necessary or even desirable. That's when things can get ugly -- and a very good reason to have an association attorney working with you.

Using an Association Attorney From the Start Can Avoid Problems Later

A homeowner's association that attempts to form without the guidance of an attorney is playing with legal fire. One of the first things that any association needs to do is develop its governing documents -- and those documents have to follow any guidelines set out by state or local laws in order to be legal and enforceable.

The association attorney can also provide advice for a fledgling common interest community (which is just another term often used by homeowner's associations) get the basics right:

• You can get help setting up your first board of directors and establishing its term limits.
• The attorney can help clarify the board's duties and responsibilities toward the association.
• You can get help clarifying what the association will provide residents in exchange for their fees.
• You can get help making sure that the association is able to get the necessary property insurance to meet their obligations toward the residents of the homes or units.

Ongoing Legal Issues Are a Part of Any Association's Reality

There are going to be people who are going to be noncompliant with the rules. They're also going to be your neighbors and some of them may even be people you know well or like.

Having an attorney on hand to deal with non-compliant residents often takes the stress off of individual board members. After all, board members are not immune to the pressure they might face from a long-term neighbor who is violating the rules but wants the board to look the other way. An attorney provides a buffer between the individual board members and the residents governed by the homeowner's association.

In addition, an association attorney can often help with ongoing tasks that can trip up every homeowner's association:

• Creating material that clearly and concisely explains the rules of the common community and the penalty for violating those rules.
• Acting as the collecting agent on dues or fines that haven't been paid.
• Taking the steps necessary to notify a homeowner in violation of the rules of what he or she must do in order to avoid legal action.
• Filing the appropriate court documents to get a judgment on a noncompliant homeowner and then place a lien on his or her property or even begin foreclosure proceedings if necessary.
• Respond in a timely manner to any legal action directed at the homeowner's association.

As the laws grow increasingly complex regarding common interest communities, it isn't a simple matter to be part of a homeowner's association these days -- especially if you're on the board. For more advice or to discuss the benefits of having an association attorney on retainer, talk to an attorney today.

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10 October 2017