A homeowners association attorney advises and represents board members on contract and property rights matters, writes community rules, enforces rules against non-compliant landlords, and represents the association in legal proceedings. The attorney must ensure that all actions comply with applicable law and may represent multiple associations at once.
A homeowners association attorney represents and advises homeowners association board members on a wide variety of contract and property rights matters. The attorney is usually tasked with writing community rules in a manner that complies with applicable laws, enforcing those rules against property owners, and providing broad advice to association members on leadership responsibilities and organizational structure. He or she also advises board members and residents on their legal rights and represents the association in any lawsuits.
The law of association of landlords is a differentiated and highly specific branch of property law. The law sets out the types of power that a homeowners association can control, as well as setting parameters for how that power can be exercised. When neighborhoods or other defined communities agree to abide by a uniform set of rules, those rules are often codified and enforced by a homeowner’s association board. The council is typically made up of individual residents and is usually filled by elections.
In some respects, the Homeowners Association Board becomes a quasi-legal entity with separate rules. It is therefore imperative that the board secure legal representation and ensure that all of its actions are carried out in a manner that complies with applicable law. This representation is usually the task of the homeowners’ association attorney.
The job duties of the homeowners association attorney are primarily focused on counseling. The attorney will help the association review and update its rules to ensure they do not violate applicable laws. He or she will also provide guidance on how the rules can be updated.
The job description usually also covers enforcing rules against non-compliant landlords. The attorney will normally contact the offending resident, explain the violation and seek an amicable resolution. If the resident is uncooperative, it is usually the attorney who initiates the legal eviction or other dismissal requests. In many ways, the homeowners association attorney is the legal voice of the association.
As such, the lawyer may also be called upon to represent the association in any external legal proceedings. If a contractor has done shoddy work on the development, for example, or if a snow plow has damaged association property, it is usually the attorney’s job to seek compensation and, if necessary, take legal action. If the association is sued, the homeowners association attorney will also be responsible for the association’s defense.
Most of the time, representing the interests of a homeowners association is not a full-time job. Landlords association attorney careers often involve representing numerous associations at once or representing a few, in addition to maintaining a related property law practice. There are no specific homeowners association attorney job requirements other than a thorough understanding of contract and property law. As long as an attorney has an interest in homeowners association law and the time to devote to specific advice, work as a homeowners association attorney is generally relatively affordable.
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