Many boards eventually ask whether hiring an HOA attorney is truly necessary. Some communities rarely face legal disputes, while others deal with constant enforcement issues, contract problems, and homeowner conflicts. The answer often depends on the size of the association, the complexity of operations, and the board’s experience level.
What is an HOA Attorney?
Homeowners association attorneys provide legal guidance to the HOA and its board. Their role goes beyond just lawsuits. An attorney can help review governing documents, draft or amend rules, or interpret state laws. They can also handle liens, collections, contracts, and enforcement.
In case of litigation, an attorney can represent the association. But that doesn’t mean attorneys are only good for the aftermath. They can also help boards avoid legal problems before they even happen.
Does Every HOA Need An HOA Attorney?
Not every HOA needs an attorney involved in daily operations. Smaller associations with limited amenities and simple operations may only need occasional legal assistance.
Still, every HOA should have access to homeowners association lawyers when necessary. Even well-run communities can face legal disputes, contract disagreements, and owner challenges. Without proper guidance, the board may accidentally violate laws or exceed its authority.
When Does an HOA Need an HOA Lawyer?
It’s hard to justify a lawyer when operations are going smoothly. Yet, when problems or legal challenges do arise, a lawyer is the first person most boards contact.
Here are the situations where an HOA attorney can be beneficial.
1. Amending Governing Documents
It is not always easy to amend the governing documents. State laws often impose notice requirements, voting thresholds, and recording procedures, particularly for the CC&Rs and bylaws.
For instance, in Washington, DC, Section 42-1902.27 requires a two-thirds vote to pass an amendment unless the condo CC&Rs say otherwise. An attorney can help ensure that these amendments remain enforceable.
2. Collections, Liens, and Foreclosure
An attorney can help associations collect unpaid dues, file liens, and initiate foreclosure proceedings. They can send demand letters, assist with payment plans, and comply with debt collection laws.
3. Enforcing the Rules
Enforcing the rules is one of the board’s top responsibilities, but an attorney can help with this, too. An attorney can interpret the governing documents, avoid selective enforcement, draft proper notices, and conduct hearings properly. All of this helps reduce the association’s legal exposure.
4. Addressing Contracts and Vendor Disputes
Many boards sign contracts without fully understanding the terms and conditions. An attorney can review all vendor contracts and agreements. They can ensure that these contracts are fair and contain the right indemnification clauses. If there’s a problem, an HOA dispute attorney can negotiate with the contractor.
5. Filing Construction Defect Claims
An HOA attorney is particularly beneficial for newer communities, as they may uncover major defects. When that happens, an association can turn to an attorney for legal guidance and avoid financial risks.
6. Handling Fair Housing and Discrimination Issues
Fair housing complaints can be a slippery slope for associations. Boards should hire an attorney when these complaints involve disability accommodations, emotional support animals, religious accommodations, harassment claims, and discrimination allegations. If the case goes to court, an HOA defense attorney can be of service.
7. Dealing With Elections and Governance Disputes
Election disputes can quickly cause problems within a community. Fortunately, an HOA attorney can help with election procedures, recall efforts, proxy disputes, and quorum issues. With proper legal oversight, boards can ensure integrity in the election process.
Benefits of Having an HOA Attorney
Some boards forgo an attorney because they believe they can handle everything on their own. Others simply can’t justify the cost. Yet, the benefits of hiring an attorney are worth the investment.
1. Reduces Legal Risk
An attorney can help the board avoid decisions that violate state laws or the governing documents. By preventing legal problems, an association can keep litigation costs down.
2. Improves Board Confidence
Volunteer board members are not legal professionals. An attorney will provide boards with the guidance they need when facing complex decisions.
3. Helps Maintain Consistency
Attorneys can help establish standardized policies and enforcement procedures. This reduces claims of favoritism or inconsistent treatment.
4. Assists During Emergencies
Unexpected situations can throw the board off its axis. Many associations don’t know what to do when faced with injuries in common areas, insurance disputes, data breaches, and threatened lawsuits. Boards may be tempted to brush these aside, but that will only lead to more serious consequences. Having an attorney can prevent that from happening.
How to Find the Right HOA Attorney
Not all attorneys are made equal. Board members must look for an attorney who specializes in community association law. An HOA real estate attorney, for instance, typically has experience in collections, contracts, fair housing, and property issues.
Boards can ask for referrals from other HOAs and condominiums in the area. The Community Associations Institute also maintains a directory of community association lawyers. Apart from that, boards can look for an HOA attorney in Washington DC through the state bar association.
How Much Does an HOA Attorney Cost?
There are several factors that can influence legal costs. These include the community’s size, the scope of work, the HOA’s location, and the complexity of the issue.
Billing structures can also differ from one law firm to another. Some attorneys charge hourly rates, while others charge flat fees. Boards must also consider retainer agreements.
Associations should shop around and compare proposals. It is also important to allocate a portion of the operating budget for legal expenses. While these can seem high at first, poor legal decisions often cost HOAs far more in the long run.
What is an HOA Attorney for Homeowners?
Every now and then, homeowners will need someone to represent them and fight for their rights. When owners get into disputes with their association, they will need to hire an HOA attorney, too.
That said, it is best to settle disputes internally first. Oftentimes, disagreements stem from misunderstandings, and a simple conversation can resolve them. If an issue escalates, it is best to go for mediation or arbitration before initiating litigation.
An Ally for the Association
It’s not every day that an association would require the services of an HOA attorney. Still, attorneys can be valuable assets. They can help the board prevent legal issues, navigate disputes, and ensure compliance. Because of this, it is best to have an attorney on the association’s roster.
TNWLC offers HOA management services to communities in Washington, DC. Call us today at (202) 483-8282 or contact us online to get started!
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