The Value of Your Homeowners Association Attorney

Mar 25, 2021 9:00:00 AM / by HOA Manager

hand holding pen signing paperworkThere are several individuals that bring value to your homeowners association. Your volunteer HOA board, your manager, your interested members that may serve in other capacities, and your supportive and assessment-paying membership. Vendors also can bring great value to your association in many ways, such as the attorney for your association.

Like your manager, your community’s legal counsel plays a crucial role as a member of your association’s professional team. Your attorney is one that is called on to give guidance in many aspects of the association’s ongoing business. And because community association law is complex and ever changing, your association’s attorney is likely knowledgeable in a wide variety of practice areas that can affect your association, including some of the areas mentioned below.

Provides Expert Knowledge About:

  • Construction warranty
  • Directors’ liability
  • Real estate
  • Contracts
  • Architectural and design review
  • Insurance
  • Employment
  • Environmental law
  • Water regulation
  • Collections and foreclosure

If your attorney does not feel competent in some of the areas above, they will likely know colleagues that they can refer to you if a need arises outside of their expertise.

Something to keep in mind regarding your homeowners association attorney is that your attorney doesn’t represent the board, individual board members, individual homeowners, any group of homeowners or the manager; he or she represents only your association. The manager and/or one person on the board are usually designated as the main point of contact with your legal counsel.

Advise the Board

In addition to acting on your association’s behalf in legal matters, your attorney also can be used wisely to advise the board on its responsibilities and obligations. As board terms expire, your attorney, along with your HOA manager, can be very valuable resources to help with continuity since they will have valuable historical information regarding your association. 

You must remember that your manager is not a lawyer and it would not be appropriate for them to give you legal advice. When it comes to legal matters, the relationship with your association’s attorney should be valued greatly and they should be viewed as part of your team and an integral part of helping guide you in the protection and management of your homeowners association.

Related Articles:

Actions to Take When Your HOA Board is Faced with a Lawsuit

4 Arresting Reasons an HOA Board Needs to Know the Law

Guide to Choosing an HOA Management Company

Topics: HOA Management, HOA Law