This type of attorney is the one that represents and advises the homeowner’s association board members on many different matters regarding property rights and contracts. A HOA attorney is generally in charge of drafting the community rules so that they comply with the governing law. They will also provide broad advice to the members of the association about organizational structure and leadership responsibilities and helping to enforce the rules against the homeowners. A HOA attorney can also represent the association if there are any lawsuits filed and advises the residents and board members about their rights under law.
This law is a very specific branch of property law, which is important to the maintenance and creation of a system of ownership. These property laws can help to guide the buying and selling of property. Property laws sorts out the power that the association can control and setting the parameters as to how that power can be executed. When the community agrees to abide by a set of uniform rules they are enforced by the homeowner’s association board, which is generally filled by election and made of individual residents of the community.
Because this board is like a quasi-legal entity that has its own insulated rules it is very important that the homeowner’s association board has legal representation to ensure that all of the actions it takes complies with the governing laws. It will be the job of the HOA attorney to represent the homeowner’s association board. The HOA attorney’s job focuses primarily on advising by helping them to review and update the rules so they are not violating any governing laws.
Other jobs that a HOA attorney might do can include:
• Enforcing the rules against any homeowner who is not in compliance by contacting the homeowner to explain the violation and try to find a resolution that is amicable to the homeowner and board. If the homeowner does not cooperate the attorney will be the one to begin contempt filings or legal evection.
• They may represent the homeowner’s association in any legal proceedings outside the association such as dealing legally with a contractor who did poor work in the development. It will be the HOA attorney that will see remuneration and if it becomes necessary will file a lawsuit against the contractor.
• If the homeowner’s association is sued the HOA attorney would do the defense of the homeowner’s association in the case.
The HOA attorney is the legal voice for the association’s board and generally is not a full time job. Many times this attorney will represent several homeowners’ associations at once or represent them and have a property law practice.