As the manager of a homeowners association, you bear the significant burden of ensuring that residents follow all of the rules in the community. However, some residents may contest the rules. They may even decide to disobey the mandates deliberately.
You, then, must act decisively in the best interests of the community and other people who live there. You can get the help that you need by hiring an association attorney to represent your HOA.
Ensuring the Mandates' Legality
When you have an experienced association attorney on retainer for your HOA, you can make sure that the mandates by which all community residents must abide are lawful and can stand up in a court of law if challenged. In fact, your association attorney can draft the contracts that residents sign when they close on their homes. The attorney can also make contracts that abide by both state and federal law and are in line with the housing laws in similar communities.
Having an association lawyer draft and review the contracts for homeowners minimizes the chances of residents getting out of their agreements with the HOA. Even if they contest the contracts in court, residents may not win their cases against the HOA. They will have no choice but to abide by the mandates or face being expelled from the community.
Even so, some residents may decide to try to sue you and the HOA in court. You then need someone to represent you in court, particularly if you are the one being sued for breach of contract.
Your association attorney can show why you, as the property manager, did your best to uphold the contract by which you and the management company are expected to abide. An attorney can also show that you took every measure to maintain or repair community amenities, collect fair HOA dues, and offer transparent communication to people who live in the community. Your association attorney may be able to get the lawsuit against you dismissed and also prevent you from losing your job as the manager.
An association attorney can provide important legal benefits to an HOA and its property manager. This type of lawyer can draft contracts for residents to sign and ensure the legality of the contracts' mandates. An association attorney can also represent you in court if you are being sued.
Contact an association attorney in your area to learn more.Share