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Homeowner Associations - HOA Documents
Services Offered: Drafting Revisions or Preparing New Governing Documents, 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
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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