When you have an organized HOA, this association oversees the rules and governances of a group of other residents, and this may sound like a pretty straightforward thing. However, just like any other association, your HOA should have an attorney to provide legal advice when it is needed and counsel if a lawsuit comes up. Yet, so many HOAs don't bother to seek out a good attorney to guide them in making the best decisions, which can lead to a lot of legal woes with the organization. Here is a look at a few of the reasons every HOA should have an attorney.
1. You need an attorney for drafting legally binding contracts.
When a purchaser becomes part of an HOA because they buy a home, they will also sign a contract with you that covers all of the requirements of being part of the HOA. If a homeowner in the neighborhood wishes to make specific property changes, you may have to draw a contract to ensure they follow the outlined plans. These are just two examples of when contracts will be a part of the organization, but they are examples that show how important it is that those contracts be legally binding, which is something you should have an attorney to help you out with.
2. You need an attorney for guidance and representation in court if you are sued.
If a homeowner is part of the HOA because they have purchased a property, you have a legal obligation to handle things in a certain way as a governing entity. If a homeowner feels you have not done so, they do have the right to sue you or take you to court. If these situations come up, whether it is contractual disputes or something else, having an attorney who you are familiar with will mean a great deal to your case.
3. You need an attorney to help you when contracts are broken.
If a property owner in the HOA has broken the contract that they signed when they moved in, this breach can lead to them being forced to sell their property or other stipulations. It can be really hard to enforce the plans of action when a homeowner breaks their contract, especially if this persona has been a member for a long time. An attorney can help guide the organization through these difficult times to ensure broken contracts are handled with care.
For more information, contact a company like Sauro & Bergstrom, PLLC.
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