Does My HOA Need an Attorney?
If you are a member of an HOA, you know that managing a community can be challenging. HOA board members are responsible for governing the community, enforcing rules and regulations, and managing the finances. However, when it comes to legal matters, it is crucial to have an HOA attorney.
How Can an HOA Attorney Help Me?
HOA attorneys are knowledgeable about the laws and have experience in managing legal issues that can arise in a community. There are many ways in which an HOA attorney can help with legal matters, including:
- Interpret governing documents: Board members and HOA management often need to interpret governing documents to make important decisions for the community. HOA attorneys can help interpret these documents in a way that is legally sound and aligned with the community’s best interests.
- Amend governing documents: Board members may need to amend governing documents to adapt to new legal requirements or changes in the community. HOA attorneys can help draft amendments to governing documents that align with state laws and protect the interests of the HOA and its members.
- Collect assessments: One of the most challenging tasks for HOAs is collecting assessments from members. HOA attorneys can help ensure that assessments are collected in a timely manner. If a member disputes an assessment or fails to pay, the attorney can also provide legal representation to the board and HOA.
- Represent the HOA and board: An HOA board may need legal representation in the event of a lawsuit or arbitration proceeding. HOA attorneys can represent the board and HOA in these proceedings, ensuring that legal issues are handled efficiently and effectively.
- Provide general legal advice: HOA attorneys can provide general legal advice to board members and HOA management. This advice can include legal requirements related to board member elections, rules and bylaws, and contracts with vendors.
Why Is it Important to Have an HOA Attorney?
Having an HOA attorney is important for several reasons. First, they can help to prevent legal issues from arising by helping the HOA stay within the legal boundaries. This can help to prevent disputes with homeowners, reduce liability, and maintain the value of the community. Secondly, they can help to resolve legal issues that arise, such as disputes with homeowners or disputes with contractors. An attorney can represent the HOA in court, which can save time and money in the long run.
When Is it Necessary to Hire an HOA Attorney?
While it may not always be necessary for an HOA to hire an attorney, there are certain situations where it could be beneficial or even necessary. For example, if the HOA is facing a lawsuit, an attorney could help to defend it and protect its assets. If the community is undergoing major changes, such as the development of new common areas or the addition of a new phase to the community, an attorney can help ensure the HOA is complying with all laws and regulations. Additionally, if the HOA is encountering disputes with homeowners, an attorney can help remedy the situation.
How Much Does an HOA Attorney Cost?
The cost of hiring an HOA attorney can vary and is dependent on the attorney’s experience and the complexity of the legal issue. Some attorneys may charge a flat fee for a specific legal service, while others may charge an hourly rate. HOAs should consult with an attorney to discuss the scope of the legal issue.
Ocean City HOA Lawyers at Oliveri & Larsen Are Here to Advise Your HOA
To help your HOA stay on track, speak with our Ocean City HOA lawyers at Oliveri & Larsen. Complete our online form or call us at 410-295-3000 to schedule an initial consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.