What Your New Homeowners Association Attorney Should Be Able To Do For You

12 February 2021
 Categories: Law, Blog


Are you wondering what you should expect your new HOA lawyer to do for you? Here are a few important things they should be more than capable of doing:

Validate Proposed Rules

You have to make sure that any community rules or regulations being proposed by your homeowners association meet local, state, and federal laws. The last thing you want to deal with is a class-action lawsuit that your community members file against you because a rule you put in place is illegal in some way. Once a lawsuit like this is filed once, community members may feel emboldened to file more lawsuits in the future whenever they disagree with a rule whether it is legal or not.

A homeowners association attorney should be able and willing to thoroughly review any rules or regulations your association wants to propose before releasing it to community members so that they can ensure there are no legal issues with the rules. If they do find a problem, they can recommend changes to the rules that will help you achieve your goals without infringing on the rights of residents or breaking any laws in any way.

Assist With Document Amendments

Another thing your HOA lawyer should be able to do for you is to help your team make association amendments when necessary. You may need to amend a rule because the state or federal laws change, or you may want to add more stipulations to the property maintenance agreement you have residents sign when they move in.

Whatever the case, you must make sure that the amendments and the verbiage are legal before making any official amendments. This can keep your homeowners association out of hot water and ensure that your residents' rights remain protected as time goes on. Having a lawyer help you make amendments will give you and your residents peace of mind.

Provide Legal Representation

Not only do you need a lawyer to represent your homeowners association if it gets sued, but you also need one to represent the association if a resident is not following rules or breaks codes that are serious enough to open a legal or internal investigation of some kind. Instead of wasting time looking for a lawyer to help you sue someone, enforce fines, or start the eviction process for a resident, you can simply call an HOA lawyer you have already vetted and decided to work with. They should get to work immediately.