If you're responsible for an HOA, you and your committee members should have legal counsel in place. If you don't, you could be setting your HOA for headaches and hassles. Managing an HOA is no laughing matter, and it's definitely not easy, especially when you have homeowners breathing down your neck at every turn. Enlisting legal counsel will help alleviate some of the headaches involved in managing an HOA. Here are four services that an association attorney can provide you with:
Consultation for Management Practices
Managing an HOA comes with a lot of responsibility. You're responsible for managing the lives, and homes, of everyone in your community. That puts you at risk for complaints and legal actions, especially if you move beyond your scope of responsibilities when managing the community. An association attorney will consult with you regarding your management practices, to ensure that you're acting within your legal authority.
Customized Document Preparation
No two communities are the same, that's why canned one-size-fits-all forms and documents aren't going to work. When preparing articles of incorporation, bylaws, or other legal documents, they must meet the needs of your specific community. They must also meet the legal requirements for the city, and state where your community is located. That's why it's important that you have an association attorney on your team. Your attorney will ensure that your documents meet legal standards and that they address the specific needs of your HOA and community.
Clarification for Changing HOA Rules
Change is never easy. However, within an HOA, change can be downright difficult. This is particularly true if you try to implement changes too quickly, or in a manner that interferes with homeowners rights. Before you make changes to your HOA rules, you need to seek clarification from an association attorney. They'll make sure that the changes you're considering are appropriate, and that the changes are carried out in a manner that is beneficial to the community members.
Collection of Homeowner Debts
When homeowners live within a community that is managed by an HOA, they're expected to abide by the rules and regulations set forth in the bylaws of that community. Not only that, but they're also responsible for paying their monthly dues, and annual fees. When they don't, they face fines and other penalties. Unfortunately, some homeowners refuse to pay their fines, which makes it your responsibility as the HOA manager, to begin collection efforts. That's where an association attorney would step in. Your attorney would use legal remedies to ensure that homeowners paid their fines, and outstanding fees, in a timely manner.
Contact an attorney's office like Sauro & Bergstrom, PLLC for more information and assistance.
