How a Homeowners Association Retains Legal Counsel

Why might a homeowners association (HOA) need legal counsel? While running a homeowners association can offer many benefits to a community, it can also present some difficulties and risks for the association’s board. Not everyone will agree with the rules an HOA imposes, which means HOA boards may want to seek and retain legal counsel.  

When Should an HOA Seek Legal Counsel?

Your homeowners association board will depend on legal counsel for various legal matters. Your HOA board and homeowners association attorney should sustain a close partnership to protect the interests of the board and homeowners. Since an HOA deals with homes — most homeowners’ largest asset — having quality legal counsel on hand is imperative for your board’s success.

There are a few instances in which you may want to seek legal counsel for an HOA board. Addressing issues as quickly as possible can save you from facing further problems down the road. The following are examples of when your HOA should seek legal assistance:

• You need to negotiate insurance claims: If you need help negotiating insurance claims, you may want to seek legal counsel.
• You need to amend or rewrite documents: You may also want to seek legal counsel when your HOA board needs to amend or rewrite a governing document, such as the Articles of Incorporation, the By-laws, or the Covenants, Conditions, and Restrictions. Many documents are governed by law, which means you may need legal assistance.
• You want to resolve election and voting controversies: When you are facing concerns around election and voting, a law firm can mediate and resolve these conflicts.
• You need to interpret or enforce documents: Does your board need help with interpreting or enforcing your governing documents? HOA legal counsel can provide you with the support you need.
• You have run into land use issues or construction defects: When you run into these problems, you should get legal counsel involved early to avoid more significant issues.
• You are facing legal action against your HOA board: If a homeowner or other entity takes legal action against the HOA board, you should seek legal counsel as soon as possible. Attempting to handle the problems yourself or ignore the issues will only worsen the situation.
• You are dealing with matters of negotiation: Even if you believe you are a capable negotiator, you may still want to seek legal assistance for certain matters, such as employment, foreclosures, and contracts with vendors and contractors.
• You are juggling fiduciary responsibilities and money matters: These obligations affect every homeowner in the neighborhood, and you may need legal assistance when questions or concerns arise. An attorney can help you stay in compliance with local regulations and laws.  

If your HOA board needs legal counsel, contact our office at Calabrese Law Associates.    

The Role of HOA Board Members

What are the roles of HOA board members? When an individual serves on an HOA board, their role governs the HOA and enforces its governing documents. When seeking legal advice, an HOA board member can serve the following positions:

• A board member can vote on whether to seek legal counsel: Every HOA board member can vote on whether the association should take legal action in a certain situation.
• A board member can seek legal advice for the HOA: A board member can be authorized to seek legal counsel on behalf of the HOA. This authorization should be noted in the minutes, records, or board resolution, along with agreed-upon limitations.
• A board member may be able to go outside the board vote in an emergency: When immediate legal counsel is needed, a board member may be able to go outside of what has been voted for or agreed upon. This individual is generally the HOA board president. However, the HOA board may consider ratifying this authorization.

Every board member should keep in mind that seeking legal advice is for the association, not for any of the individual representatives.

What Can an HOA Attorney Do for You?

If you decide to seek legal counsel, what can you expect your HOA attorney to do for you? Your HOA must follow federal, state, and local laws, along with implementing governing documents and managing various aspects of the community. The following are some of the services an HOA lawyer can provide:

1. Prevent lawsuits: An HOA attorney can help you stay in compliance and avoid lawsuits.
2. Interpret governing laws and documents: An HOA’s governing laws and documents can be difficult to understand. An HOA attorney can interpret them and explain certain terms.
3. Represent your HOA: A homeowner in the association may pursue legal action against your HOA if they believe the board is acting neglectfully or is not upholding their responsibilities. An HOA attorney can offer legal representation in these cases.
4. Collect assessments: Sometimes, homeowners do not pay their assessments. If you have exhausted your other options, such as imposing a late fee or revoking certain privileges, you may want to take legal action. An HOA attorney can help you place a lien on a homeowner’s property or file a lawsuit.

Ready to get help from an HOA attorney? Give Calabrese Law Associates a call today.

How to Choose an HOA Attorney

How do you choose an attorney to represent your HOA and provide your board with legal advice? Searching for HOA attorneys near you may help you find an experienced local attorney, but finding a lawyer specializing in HOAs can be tricky, as this is not a popular specialty.

If your HOA works with a management firm, they may be able to recommend a law firm that they work with. You can also look for a local lawyer from the Community Associations Institute. Additionally, speak to friends and family who have served on other local HOA boards and may have a law firm to recommend.

If your HOA is located in the Greater Boston Area, you can work with an HOA attorney at Calabrese Law Associates. Contact our team today.

HOA Attorneys at Calabrese Law Associates

At Calabrese Law Associates, we offer our clients industry-leading representation in legal matters. We serve clients in the Greater Boston Area who need appellate litigation counsel, litigation and trial representation, construction law services, real estate law services, and contract preparation and negotiation.  

Our homeowners association lawyers can offer you high-quality legal services. If you have a question or need legal assistance from an HOA lawyer, contact us at Calabrese Law Associates.    

*This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.

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