Whether we like them or not, Homeowners Associations and other community boards and organizations exist and may enforce certain rules upon homeowners. These boards are more than groups of community members; they are legal entities. As such, they often require their own legal representation.
An HOA lawyer for boards and communities may provide a number of services to communities. They often assist in drafting legal documents, including community rules and bylaws, and filing them with the appropriate governmental offices. They also assist with interpreting or amending these documents and making sure they comply with existing local and state laws. When the rules are violated, an HOA lawyer may help the HOA board enforce them, manage fines, and otherwise handle violations in accordance with applicable law.
Get a free, confidential legal review from our HOA lawyers for boards and communities by calling Halk, Oetinger, and Brown at (520) 229-3377.
Drafting Documentation for HOAs and Community Boards in Phoenix
Homeowner’s Associations (HOAs) are not just loose organizations of homeowners in the same neighborhood. They are formal legal entities formed by specific documents. Generally, an attorney is needed to draft and formalize HOA documentation.
Creating Bylaws
HOAs typically have various bylaws that govern how they operate. The HOA must have an organizational structure and rules for how it promulgates new rules and enforces them. For example, bylaws often affect meeting requirements, election procedures, voting rights, and the duties of HOA officers.
An HOA attorney may assist the organization in creating these bylaws and drafting them in a formal legal document. Unless the bylaws are formally included in the HOA’s legal documents, they might not be binding.
Amending and Interpreting Documents
Over time, an HOA board might find that certain bylaws need to be added, removed, or changed. Amending bylaws is a legal process that often requires an attorney. Just like creating the bylaws requires a lawyer to draft and formally file them with the appropriate governmental entities, so does amending them.
Changes may be minor or major, but all changes in the bylaws should go through the HOA’s attorney.
Legal Compliance
Another important service that an HOA attorney provides is making sure all of an HOA’s rules and bylaws are legal. They must not contradict local or state laws. For example, bylaws may not restrict homeowners from selling their homes to certain groups of people, as this would constitute illegal discrimination.
In some cases, older bylaws were legal when they were first drafted, but have become illegal as laws have changed. In such cases, our HOA lawyers for boards and communities can help an HOA remove illegal bylaws and address any gaps they might leave.
Enforcing HOA and Community Board Rules
Once an HOA has established rules that community members must abide by, these rules need to be enforced to be effective. Attorneys can help HOAs enforce rules to keep communities running smoothly.
Violations
Violations of HOA rules are somewhat common, and some violations require a lawyer’s help. Many violations are minor, and an attorney might not need to get involved. Others might be more complex.
For example, the homeowner believed to have committed a violation might interpret the HOA rules differently. In such cases, the attorney can step in, review the rules, and help interpret them in light of applicable local and state laws.
Managing Fines and Fees
HOAs often collect fees from homeowners and fines if someone violates the HOA rules and regulations. The attorney does not necessarily collect regular fees, but if a homeowner is significantly delinquent on past-due fees, the account may be turned over to a law firm, which will then handle collection.
Attorneys can also assist HOAs in sending things like demand letters or collection notices to homeowners who owe fines or fees.
Handling Disputes
Disputes are common with HOAs, especially when community members are new and unclear on the rules and regulations. If someone breaks a rule but believes they have done nothing wrong, they may dispute any action taken by the HOA against them. This is where an attorney becomes very important.
The attorney can communicate with the homeowner on behalf of the HOA. HOA board members should not be communicating directly with opposing parties in dispute cases. An attorney can also assist with alternative dispute resolution methods, such as arbitration or mediation. If necessary, an attorney will represent the HOA in a lawsuit.
Do You Need a Lawyer to Establish an HOA or a Community Board in Phoenix?
Yes. If you are interested in establishing an HOA, you will need a lawyer to help you. They can help draft bylaws and regulations that comply with local and state laws. They can also draft and file the formal paperwork needed to create an HOA.
How Does an Association Enforce HOA Rules?
HOA rules may be enforced with the help of a lawyer. When homeowners break the rules or dispute the HOA’s authority, an attorney may represent the HOA in legal proceedings related to the dispute. An attorney can also assist with mediation or arbitration to help settle disputes.
Do You Need a Lawyer if HOA Rules or Bylaws Are Challenged or Disputed?
Yes. When HOA rules are violated, an attorney may need to stop in and help the HOA enforce the rules and impose reasonable sanctions. This often involves collecting fees or fines. If the homeowner who owes the fee or fines refuses to pay, an attorney can help take legal action to collect the debt.
Who Does an HOA Lawyer Represent?
HOA attorneys and attorneys for community boards usually represent the community organizations that promulgate and impose rules and restrictions on community members. These attorneys typically do not represent individual homeowners or those who challenge the HOA’s authority.
Can HOA Board Members Use an HOA Lawyer’s Services for Personal Actions?
Generally, no. A member of an HOA board or other community board usually cannot use the services of the board’s attorney for personal actions or matters. For example, if a member of an HOA board is personally sued, they would need to find their own legal representation. They could not use the HOA lawyer services.
Learn How Our Phoenix HOA Lawyers for Can Help Your Community
Get a free, confidential legal review from our HOA lawyers for boards and communities by calling Halk, Oetinger, and Brown at (520) 229-3377.
