HOA attorneys in Miami – Why they are important?

Paramount to any homeowners association, HOA attorneys perform tasks and consult on issues that an HOA would otherwise have no way of doing. In this article, we present some of the most important reasons why your association needs one.

 

The case for an HOA attorney

Every homeowners’ association needs to retain the services of an attorney. Various aspects of the community’s management are dictated by the HOA governing documents, and federal, state, and local laws. The association is required to follow these stipulations. If you want expert assistance in ensuring compliance and prevention of lawsuits, then a good HOA attorney specialising in community associations can be very helpful. They also aid in amending CC&Rs, and collections, along with legal representation in case it’s needed.  

 

Importance of an HOA attorney

Whether for profit or not, any organization can benefit from the help of an attorney. That is the reason why many companies hire their own corporate counsel or have attorneys on retainer. Like attorneys protect organizations, a homeowners association also does the same.  

 

HOA attorneys play a major role. Following are some of the roles an HOA lawyer can help in fulfilling:

 

Interpret governing documents and laws

Governing documents and federal, state, and local laws bind community associations as legal corporations. A layman may find it difficult to understand HOA governing documents. However, HOA attorneys are well-versed in their area of expertise and assist in interpretation. For example, a homeowners association attorney can aid a condominium association in determining the maintenance responsibilities of the association as well as the individual unit owners.

  

Amend governing documents

Ranging from architectural guidelines to increasing the number of board members, HOA lawyers also assist in making changes to the governing documents. Amending the HOA governing documents is not easy as the entire procedure is time-consuming and a great deal of work as well. HOA board amends the governing documents by ensuring that the changes don’t come into conflict with existing stipulations. The alterations should be in compliance with federal, state, and local laws like the Fair Housing Act. Condo/HOA Attorney in Miami helps with that by minimizing the risk of liability.

    

Collect assessments

In some cases, there are some homeowners who do not pay their assessments. This could be due to several reasons– from insufficient income to a downright refusal to do so. Mostly, HOA boards put all their efforts to collect delinquent dues, including imposing late fees and even revoking privileges. If the board has decided to take further action like filing a lawsuit or placing a lien on the property, then it will require the help of an HOA attorney. However, you should ensure that you are acting within the parameters of the governing documents.

 

Represent the HOA and its board

The fiduciary responsibilities of the board of directors are also listed in the HOA’s governing documents. Homeowners within the association may take legal action in case a board is not upholding these responsibilities or acting neglectfully. Legal representation will be needed by the board of directors. An already retained lawyer will be able to assist in many cases.    

 

The need for legal representation is more than a breach of fiduciary duty as well. There are many homeowners who would sue the association or the HOA board for even minor disputes. A lawyer for counsel and to defend the HOA is still required even if there are petty complaints.  

 

Overall legal counsel

Legal counsel for a sundry of issues is needed by every homeowner association. When there are management concerns like disputes or accusations of discriminatory behavior, then an HOA attorney can serve as general legal counsel. If the board doesn’t know what step should it take, then an attorney can give their expert opinion. Overall speaking, the possibility of liability gets limited when there is an attorney by the board’s side.

 

A full-service law firm dedicated to representing clients in real estate legal matters, ALG Attorneys is a well-known Condo/HOA Attorney in Miami. It specialises in commercial as well as residential transactions. The firm also serves as general counsel to innumerable HOAs, condominiums, and other not-for-profit corporations. It also represents insurance companies, recreational club owners, and other corporations.