Reasons to Have an HOA Attorney at Hand

Within a homeowner’s association (HOA), there are rules and regulations established by the Covenants, Conditions, & Restrictions (CC&Rs) that property owners must abide to keep the property or be forced to leave. However, there are also responsibilities that the association must uphold, which makes the board members liable in case of a violation. No matter the reason, a HOA-trained attorney loudoun county va is integral to both property owners and the HOA.

Establishing Responsibilities

One of the main functions of a specialized attorney is to determine the responsibilities both the homeowners and the HOA’s board of directors must adhere to. For instance, if there are any issues in determining how much the HOA must provide for maintenance or how much are tenants and the HOA responsible for insurance, the attorney can clear them up. This task is essential in problem resolution and prevents these conflicts from escalating.

Modifying Rules

Sometimes, the HOA needs to modify the governing documents for various reasons. An attorney trained in real estate can assist the board of directors by interpreting the older rules and establishing changes to these rules as necessary. Some of these regulations may affect the membership of the HOA’s board of directors, property or architectural guidelines and more.

Legal Representation

There are times where a tenant violates the established CC&Rs by refusing or delaying assessment payments or another deed. There are also times where the tenant can accuse the HOA of contract breaches, discrimination or embezzlement, and take legal action. Either way, both parties will need legal representation provided by an attorney with experience in real estate and HOA law to interpret it and build a case or a defense strategy.

Property ownership within the HOA has its own internal rules that can get too complex or verbose for tenants or even board members to understand. An experienced attorney can clear any doubts and solve any potential conflicts involving these rules.