On a wide range of contract and property rights issues, a homeowners association attorney represents and advises homeowners association board members. The attorney is usually in charge of drafting community rules that are compliant with the law, enforcing those rules against homeowners, and giving broad advice to association members about leadership responsibilities and organizational structure. He or she also provides legal advice to board members and residents, as well as representing the association in any legal proceedings.
Homeowners association law is a complex and specialized area of real estate law. The law establishes the types of authority that a homeowners association can exercise, as well as the parameters under which that authority can be exercised. A homeowner’s association board usually codifies and enforces a uniform set of rules when neighborhoods or other defined communities agree to follow them. Individual residents make up the majority of the board, which is often filled by election.
In some ways, the homeowners association board takes on the role of a quasi-legal entity, with its own set of rules. As a result, it is critical for the board to retain legal counsel and ensure that all of its actions are carried out in accordance with the applicable laws. The homeowners association attorney is usually in charge of this representation.
The primary responsibility of a homeowners association attorney is to provide advice. The lawyer will assist the association in reviewing and updating its rules to ensure that they comply with applicable laws. He or she will also give advice on how to update the rules.
In most cases, the job description also includes enforcing rules against noncompliant homeowners. Typically, the attorney will contact the offending resident, explain the violation, and work out a mutually agreeable solution. If the resident refuses to cooperate, the attorney is usually the one who initiates legal eviction proceedings or other contempt proceedings. In many ways, the homeowners association attorney serves as the association’s legal representative.
As a result, the attorney may be called upon to represent the association in any legal proceedings outside of the association. It is usually the lawyer’s job to seek remuneration and, if necessary, file a lawsuit if a contractor did shoddy work in the development or if a snow plow damaged association property. Should the homeowners association be sued, the homeowners association attorney would also be in charge of the defense.
Most of the time, representing a homeowners association’s interests is not a full-time job. A career as a homeowner’s association attorney usually entails representing a number of associations at once, or representing a few while also maintaining a property law practice. Aside from a thorough understanding of the governing contract and property laws, there are no specific job requirements for homeowners association attorneys. The job of homeowners association attorney is usually approachable as long as an attorney has an interest in homeowners association law and the time to devote to a specific board.