Homeowner Association - HOA Law (representing Homeowners and Associations) Why represent both sides? Most attorneys only represent one side in these disputes. I believe it is an advantage to represent both sides (in different cases) when the matter involves a dispute between a homeowner and an association. Unless the homeowner plans on relocating it will become important to end the dispute on the best possible terms for all parties. Understanding what the other side is thinking can help avoid costly litigation. Before accepting your case I will run a conflict check to determine if I can represent you.
I AM NOT PRESENTLY ACCEPTING NEW HOA CASES, EXCEPT THOSE INVOLVING ASSESSMENT DISPUTES. THANK YOU.
Representing Homeowners
Services Offered: Defend You Against Improper Assessments or Fines, Challenge Unreasonable Rules, Attend HOA Meetings, Represent You in Discussions with the Board of Directors and at Mediations, File a Lawsuit and Represent You in Court
While the authority of the board of directors is expansive, it is not unlimited. Many times boards overreach and pass rules or impose assessments without providing proper notice to owners and allowing owners to comment or make suggestions. Some rules are unreasonable and some assessments are excessive. Homeowners have a legal right to review financial documents, insurance information, and other records of the Association. Every year an HOA must prepare an Annual Report and if the Association has collected more than $75,000 during the year an accountant must review the report and it must be provided automatically to owners.
If you are concerned about the direction of your association or are involved in a dispute with the board of directors, a lawyer can advise you on your legal rights and suggest a course of action.
Representing Boards of Directors
Services Offered: Preventative Review, Improving Relationships with Owners, CC&R Interpretation, Rules Enforcement, Managing Elections, Assessments, Annual Disclosures, Meetings and Notice Requirements, Amendments to Governing Documents, Attend Meetings, Litigation
The elected board of directors of an association have the responsibility and the authority, limited by the governing documents and state law, to manage most aspects of a homeowners association. The board holds meetings, makes rules, and largely determines the amount of assessments paid by owners. However, when the board does not follow noticing requirements, open meeting rules, and other obligations under state law the decisions made by the board can be set aside by a judge. The actions of the board are usually protected by the business judgment rule. However, when necessary state filings are missed the corporate structure of an association can be suspended and certain acts bring liability to individual directors.
Most directors are volunteers who care about their community and want to protect their own financial interest and that of their neighbors. The services of a knowledgeable property manager can assist the board, but property managers are not always aware of the legal requirements an HOA must meet until after a problem develops. A preventative review by an attorney may be a wise investment for your HOA.
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