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What are the duties of an HOA attorney?

If you are living in homeowners’ association (HOA)-managed housing, then it is important that you know what your HOA attorney does. HOAs are often the subject of many complaints and lawsuits. HOA attorneys have many responsibilities, and understanding them can help you better understand HOA management.

Advising HOA boards

There are HOA boards that have no legal knowledge whatsoever. HOA attorneys help them make suitable decisions regarding HOA management, including budgets and legislation. For instance, HOA boards cannot simply choose to increase HOA fees without consulting with an HOA attorney.

Also, it is not difficult for neighborhood conflicts and disputes to arise, especially when many people live in the same area. HOA attorneys help with this by drafting documents, like covenants, conditions and restrictions. HOA attorneys also help HOA boards enforce these documents and seek relief from the courts when necessary.

Drafting HOA policies

HOAs usually have a lot of rules. HOA policies are often written by an attorney who understands how they can be legally enforced. For instance, if your HOA has banned certain colors on HOA-managed homes, then your HOA attorney can write a policy with the HOA board that explains what happens if this rule gets broken. Also, HOA attorneys can help HOA boards draft policies that protect the HOA from lawsuits and liability.

Representing HOAs in litigation

HOAs are always known for their lawsuits. For instance, HOA management companies are often sued when HOA boards refuse to pay them. HOAs also get sued a lot because of their covenants and policies, which sometimes, turn out to be unfair or unlawful.

HOA attorneys have to defend the HOA against any legal action. They must be well-versed with HOA laws so that they can handle HOA representation properly in a court of law. They also help HOA boards draft suitable documentation in this regard.

HOAs have a lot of power over homeowners’ lives, which means HOA attorneys have to be very careful when they represent HOA boards. If a situation arises, then your HOA attorney must prioritize the best interests of the HOA.