HOA AND CONDO LAWS: HOW AN ATTORNEY CAN HELP
For any Homeowner (HOA) or Condo Association in Broward County, Palm Beach County or Miami-Dade County, a HOA/Condo lawyer is essential and not just any lawyer. There is a myriad of legal issues that require the knowledge and experience of a qualified and experienced lawyer in the HOA and Condo laws. Here is why you need one for your organization.
Legal Documents and Laws Must Be Read and Understood
A community Association’s governing documents and applicable federal, state, and local laws govern its activities. The HOA and Condo laws supersedes the governing documents and rules of an HOA or Condo Association, which can be confusing. An HOA/Condo lawyer, on the other hand, can help with more complex terms and interpretations.
Community Associations, for example, would benefit from assistance from a lawyer who specializes in HOA law and Condo law.
Make Revisions to Governing Documents
Additionally, HOA/Condo law attorneys can expertly draft language to amend the Association’s governing documents for anything from the Board size to the community’s architectural guidelines. To amend the HOA’s or Condo’s governing documents is a significant undertaking, requiring a vote of the property owners, which can take some time and a lot of effort, however, employing a qualified HOA or Condo law attorney during the initial phase, should make the amendment process easier and faster.
Complying with federal, (such as the Fair Housing Act), state, and local laws throughout the amendment process should be followed, including the appropriate vocabulary of every amended provision or rule to reduce the Association’s liability, and having a qualified HOA/Condo lawyer through this process can be a true advantage.
HOA Must Collect Assessments
Sadly, there are often home and condo owners who refuse to pay their assessments because of a lack of funds or an absolute unwillingness based upon unreasonable foundations.
It is not uncommon for HOA and Condo Boards to take measures to enforce the provisions of the governing documents by gathering delinquent fees, such as late fees, or denying access to the communities common element amenities.
An HOA/Condo lawyer is a requirement if the Board decides to take actions like filing a lawsuit against the property owner or placing a lien on the property. In these extreme measures, the Association must, of course, adhere to all of the requirements as set forth in the governing documents and applicable laws. Having a qualified HOA/Condo lawyer through this process can be a true advantage.
Representation for the HOA or Condo Board
The Board of Directors’ obligations and powers are set forth in the Association’s governing documents and/or applicable laws. A violation such duties or behaving negligently outside the scope of granted powers, could expose the Association to liability, for with the Board would need to employ qualified legal counsel.
A violation or acting beyond the scope of granted powers are not the only situations in which an Association will benefit from have employed qualified legal counsel. A property owner can file a lawsuit against the Association for major issues, such as discrimination, or even a minor issue. Even though it’s convenient to brush these off as minor annoyances, you should retain a qualified HOA/Condo attorney to advise you and safeguard the Association.
General Legal Advice
Every Association needs legal counsel for a variety of reasons. An HOA/Condo lawyer can provide general legal advice for day-to-day operational issues, including vendor contracts or records inspection requests.
When a Board is uncertain of the best way to proceed, a qualified HOA/Condo law attorney can offer professional advice. With such an attorney in the Board’s corner, the Board will be less likely to be sued over the long term. Preventing lawsuits and coming up with amicable solutions can help the Association and its members get along better by adding tension.
How an Attorney Can Help
Having a Palm Beach County HOA lawyer from Ferrer Law Group on Board helps homeowners’ Associations protect not only themselves but their entire membership in the long run. Getting the correct attorney is just as good as having one.
Don’t forget to look at the candidate’s certifications, testimonies, and competence. In addition, you should make sure that the lawyer you choose has the same values as your organization and gets along well with your committee.
In the end, the qualified HOA/Condo law attorney benefits everyone by coming up with the least stressful and most beneficial solutions to maintain accord between the Association and its members.
Legal Disclaimer: The materials within this website are for informational purposes only. They are not legal advice and should not be used as such. Transmission of the information in this website is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet users and readers should not act upon this information and should seek professional legal counsel.