Homeowners associations have a responsibility to their residents to handle problems in a professional way. Sometimes, that means recruiting lawyers to handle legal issues. In this article, a Tampa HOA management professional lists four reasons why homeowners associations need to hire lawyers on a regular basis.
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Governing Documents
Although all homeowners associations are unique, the governing documents usually contain articles relating to the Board of Directors, bylaws, and rules. Each of these contains specific sections relating to particular issues that are important to homeowners associations. It would be prudent for a homeowners association to conduct a history review to identify any problems in the past that might create problems in the future, such as improper fundraising. One of the reasons why homeowners associations hire lawyers is to create, update, or maintain the governing documents that they need.
In many instances, attorneys are hired because the members of the community do not have an adequate understanding of local laws. The governing documents are not always written in layman’s terms, so it can be difficult to understand what they mean. Attorneys are available to provide interpretation and legal guidance. This can help the members understand their legal rights and the various burdens that may be placed on them if they do not adhere to the legal requirements.
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Collect Assessments
Collecting assessments can be a hassle, but in the end, it is often a small price to pay to avoid possible financial trouble down the road. Having a qualified attorney on your team can make the entire process much easier to handle, as they are well-prepared to manage the complete process. If you have any doubts about the legality of the board’s attempt to collect an assessment, then you should consult a competent lawyer.
Represent HOA Board
Representing the HOA board usually means handling its interests in legal and community proceedings, as well as with vendors. A lawyer will make sure that your HOA board gets fair representation so that all of your legal rights are protected at all times. This can be necessary during personal injury and financial disputes.
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Legal Counsel
Many homeowners associations hire lawyers to provide legal counsel to their organizations, often on an ongoing basis. Some of the common tasks that a legal counsel provides include advising individuals and corporations on legal issues related to personal injury, property, business, immigration, and family matters. Legal counsel services also include assisting clients in pre-litigation matters, drafting documents needed for litigation, advising on tax matters, and reviewing documents and reports related to probate, estate planning, and trusts. For more information, get in touch with one of the Tampa HOA management companies like Wise Property Management.
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