There are several individuals that bring value to your association. Your volunteer board, your manager, your interested members that may serve in other capacities, and your supportive and assessment-paying membership. Vendors also can bring great value to your association in many ways. Today, we are considering the value that your association attorney brings to your community.
Like your manager, your community’s legal counsel is one of the most important people, other than volunteers and residents, involved in your homeowners association. Not a volunteer, but a paid and crucial member of your association’s professional team, your attorney is one that is called on to give guidance in many aspects of the association’s ongoing business. And because community association law is complex and ever changing, your association’s attorney is likely knowledgeable in a wide variety of practice areas that can affect your association, including some of the areas mentioned below.
Association Attorneys Have a Vast Array of Knowledge in Matters Such As:
- Construction warranty
- Directors’ liability
- Real estate
- Architectural and design review
- Environmental law
- Water regulation
- Collections and foreclosure
If your attorney does not feel competent in some of the areas above, they will likely know colleagues that they can refer to you if a need arises outside of their expertise.
Something to keep in mind regarding your homeowners association attorney is that your attorney doesn’t represent the board, individual board members, individual homeowners, any group of homeowners or the manager; he or she represents only your association. The manager and/or one person on the board are usually designated as the main point of contact with your legal counsel.
In addition to acting on your association’s behalf in legal matters, your attorney also can be used wisely to advise the board on its responsibilities and obligations. And as board terms expire, your attorney, along with your HOA manager, can be very valuable resources to help with continuity since they will have valuable historical information regarding your association.
You must remember that your manager is not a lawyer and it would not be appropriate for them to give you legal advice. When it comes to legal matters, the relationship with your association’s attorney should be valued greatly and they should be viewed as part of your team and an integral part of helping guide you in the protection and management of your homeowners association.
Your HOA attorney can help if you are ever faced with a lawsuit. Click below for some tips to help you avoid lawsuits in the first place.