This type of lawyer is the one who represents and advises the members of the board of the community of owners in many matters related to property rights and contracts. An HOA attorney is usually in charge of drafting the community rules so that they comply with current law. They will also provide extensive advice to association members on organizational structure and leadership responsibilities and help enforce rules against landlords. An HOA attorney can also represent the association if any lawsuits are filed and advise residents and board members of their rights under the law.
This law is a very specific branch of property law, which is important for the maintenance and creation of a property system. These property laws can help guide the buying and selling of property. Property laws establish the power that the association can control and set the parameters for how that power can be executed. When the community agrees to abide by a uniform set of rules, they are enforced by the homeowners association board, which is usually filled by election and made up of individual residents of the community.
Because this board is like a quasi-legal entity that has its own isolated rules, it is very important that the homeowners association board has legal representation to ensure that all actions it takes are in compliance with applicable laws. The HOA attorney’s job will be to represent the homeowners association board. The work of the HOA lawyer is mainly focused on advising helping them to review and update the rules so that they do not violate any current law.
Other jobs an HOA attorney could do may include:
• Enforce the rules against any non-compliant owner by contacting the owner to explain the violation and trying to find a resolution that is amicable with the owner and the board. If the homeowner does not cooperate, the attorney will be the one to start the contempt filings or legal evacuation.
• They can represent the homeowners association in any legal proceeding outside the association, such as dealing legally with a contractor who did a poor job on the development. It will be the HOA attorney who will look at the compensation and, if necessary, file a lawsuit against the contractor.
• If the HOA is sued, the HOA attorney would defend the HOA in the case.
The HOA attorney is the legal voice of the association’s board of directors and is typically not a full-time job. Many times this attorney will represent multiple homeowners associations at once or will represent them and have a property law practice.