Homeowners associations are essentially businesses, and there are a lot of rules and regulations they must follow. This includes not only their own governing documents, but local, state, and federal laws as well. If the HOA makes a poor or uninformed decision, it could end up in legal trouble. Having a legal representative on call can be incredibly beneficial and provide the association with the knowledgeable and credible support it needs when it comes to decision making.
Here are just a few reasons why it can pay off to retain a legal professional for the HOA:
1. They have specific expertise.
Select a lawyer or attorney who specializes in HOA affairs. This will ensure that they have up-to-date knowledge and experience dealing with all matters related to the association and its operations. When the board comes across situations that it may be unfamiliar with and is not sure how to proceed, they can consult with a legal professional for guidance and insight.
2. They can help prevent issues.
A legal representative can assist the HOA in ensuring that any proposed changes to governing documents are legal and in compliance with requirements. Sometimes the board may have the best of intentions but not realize that a certain rule is not enforceable or is in violation of existing laws. By having legal counsel on hand, the association can have a professional review documents and changes before they are voted on and implemented. They can also help draft the new documents once approved.
3. They can assist with navigating challenges.
The HOA will never be able to please everyone all the time, so issues are bound to arise from time to time. If a homeowner files a complaint, the association can consult with a legal representative to determine their options for handling the issue and make sure that they do not do anything to make the situation worse. Many problems can be resolved out of court, and this can save a lot of time and money for everyone involved. In addition, if the HOA needs to pursue legal action, they can do so following the correct processes and procedures.
4. They can support rules enforcement.
Not all homeowners will necessarily agree with the rules set forth by the HOA, but they are required to comply with them. If there are problems with collections, architectural review requirements, or other violations, the board has a trusted legal advisor on their side to guide them through the enforcement process. They can also clarify any issues when it comes to interpretation of rules.
It is always a good idea for the HOA to know who to contact if they need legal support. You never know when an issue may arise. Partnering with a reputable property management company like Kuester can also be beneficial in supporting the board to ensure it is following proper policies and procedures. Contact us today to learn more about the wide range of services we provide HOA communities throughout the Carolinas.