In this day and age, a very large number of communities and neighborhoods have a homeowners association. HOAs are popular for several reasons, such as the fact that the HOA manages the upkeep of public areas and also creates regulations that require owners to keep their yard and homes in good condition, resulting in higher home values. An HOA typically consists of a management company and a board of directors made up of residents of a community who are elected. In addition, a well-run HOA also needs the services of an experienced association attorney. Some of the ways that an association attorney assists a homeowners association include the following:
Draft the Community's Conditions, Covenants, and Regulations (CC&Rss)
One of the main responsibilities of an HOA is to create the conditions, covenants, and regulations (CC&Rs) for the community. These are the rules of the neighborhood that must be followed, and homeowners must agree to abide by the CC&Rs when they purchase their home. The CC&Rs are legally binding, so they can't simply be drawn up by the board of directors for the HOA. If an HOA wants to avoid problems with its CC&Rs and be able to enforce the rules, it needs to hire an experienced association attorney. An association attorney has the experience and expertise needed to draft CC&Rs that comply with all laws, preventing the HOA from encountering any legal issues.
Send Demand Letters
Residents who live in a community with an HOA are responsible for paying association fees as outlined in the CC&R's. If a homeowner does not pay his or her association fees, the HOA may need to be proactive and demand payment. In this type of situation, working with an association attorney will make the process go much smoother. An association attorney can create the demand letter template and send it to homeowners who have fallen behind on paying their association fees.
Represent the HOA in Court
In some cases, a demand letter may not be enough. Sometimes a homeowner can go months or even years without paying their association fees. When a homeowner chooses not to pay fees or otherwise blatantly breaks the rules outlined in the communities CC&Rs, it may be necessary to go to court. This is one reason why an HOA should have an association attorney on retainer. An HOA is much more likely to have a positive outcome when it is represented by a good association attorney in court.