An HOA attorney for homeowners can protect homeowners’ rights and hold associations accountable. In a previous article, we talked about how an HOA attorney can help communities navigate legal issues and decisions. In this one, we’re focusing on how an attorney with experience in HOA law can help homeowners, not the association.
The Importance of an HOA Attorney for Homeowners
Attorneys act as advocates for homeowners’ rights. They help ensure that the HOA board stays within the bounds of the law and its authority under the governing documents. Another thing attorneys can help with is disputes. They can resolve conflicts between the homeowner and the HOA, especially if the case escalates. They can offer legal advice and represent the homeowner in court.
Board members don’t always have good intentions. A few rotten eggs have been known to harass homeowners, ignore their duties, and even steal from the association. Without attorneys, there is a greater risk that board members will abuse their power, with no one to keep them in check. Attorneys protect homeowners’ rights and help them take action when violations occur.
When Should Homeowners Hire an Attorney to Sue HOA?
Disagreements are bound to arise in an HOA or condo community. While most can be resolved internally without legal intervention, some cases escalate. Here are the situations wherein homeowners can seek legal counsel.
1. Breach of Governing Documents
Board members must adhere to the governing documents. They must enforce the rules and facilitate operations in a way that aligns with the CC&Rs and bylaws. When they step outside of their authority or ignore the provisions, homeowners can seek help from an attorney.
For example, if the bylaws require annual elections but the board cancels them each time, homeowners can ask an attorney about their options. Skipping the elections to stay in power would be a clear violation.
2. Disputes Over Fees
Homeowners have an obligation to pay regular dues and, sometimes, special assessments. But unreasonable increases or more frequent special assessments can raise questions that boards may not want to answer.
This is where an HOA attorney for homeowners comes in. An attorney can help homeowners file a complaint with the HOA board if talking it out doesn’t pan out.
3. Unfair or Incorrect Violation Charges
If a homeowner receives a violation notice that they believe is false or unfair, they can hire an attorney to contest it. More often than not, attending the disciplinary hearing and pleading their case will change the board’s mind. But if the board refuses to budge, an attorney can be helpful.
4. Failure to Provide Information
Homeowners have a right to inspect and copy the association’s records, including financial records. If the board fails to comply with an owner’s request or flat-out refuses to do so, an HOA attorney for homeowners can force the board to act.
5. Violations of the Law
Board members must comply with federal, state, and local laws. For instance, in Virginia, no association can prohibit the installation of electric vehicle charging stations (Section 55.1-1823.1). If an HOA goes against this provision, homeowners can challenge the rule.
Oftentimes, contesting the rule is enough to turn the board’s decision and amend the documents. If that doesn’t work, homeowners may need to seek legal advice from a lawyer.
What to Do Before Hiring an HOA Lawyer for Homeowners
Lawsuits aren’t always the best or most expedient solution to conflicts. In fact, they can be very time-consuming and expensive, taking months to years and costing thousands of dollars. Before making the decision to hire attorneys who sue HOAs, homeowners should first attempt alternatives.
1. Review Governing Documents
Before meeting with an attorney, homeowners should review their governing documents. It is important to understand the association’s rules and procedures. These documents might prove that the homeowner was truly in the wrong or provide support in arguments against the HOA board.
2. Communicate Directly With the HOA
Homeowners should try to resolve the issue directly with the HOA board first before hiring legal counsel. Sometimes, communicating openly and clearly with board members is all it takes to arrive at a compromise or solution.
3. Consider Mediation or Arbitration
When internal dispute resolution methods don’t work, consider going through mediation or arbitration. These alternative forms of dispute resolution are cheaper and faster than lawsuits. In fact, in some states, mediation is even required before either party can file a case.
4. Document Everything
Homeowners should keep records of all their communications with the HOA board. This includes taking notes of all dates, times, and summaries of conversations. Emails, letters, and copies of other correspondence — they’re all important.
These documents will help support the homeowner’s case during dispute resolution or if the matter goes to court. It will make it easier for the HOA attorney for homeowners to build a case.
How to Find an HOA Attorney for Homeowners
Homeowners shouldn’t settle for the first lawyer they happen to find. It is crucial to follow a thorough search process, verifying the lawyer’s qualifications and ensuring they are the right fit. Here’s how to find an HOA attorney for homeowners.
- Search Online. A quick Google search using key terms will turn up hundreds, if not thousands, of results. While this is a good place to start, homeowners must carefully weed through the list to narrow it down.
- Ask for Referrals. If someone they know has been through a similar case, a homeowner can ask for a referral instead. Get recommendations from neighbors, friends, or relatives.
- Look for Specialization. There are many types of attorneys, specializing in different fields or industries. Look for one who has experience or a focus on explicitly protecting homeowners’ rights. They should understand HOA laws and know how to navigate disputes with the association.
- Check State and Local Bar Associations. Many local bar associations offer online directories of qualified attorneys in the area.
- Verify Credentials. Homeowners should check whether the lawyer is licensed to practice in the state.
- Meet With Prospects. It helps to get up close and personal with potential candidates. This way, homeowners can gauge compatibility on a deeper level.
Before Taking the Plunge
Clearly, an HOA attorney for homeowners serves a critical purpose. They help protect homeowners’ rights and keep associations in check. While legal action is often the first thing that many owners consider, it is best to exhaust other options before taking that step. After all, lawsuits can be stressful and costly.
HOA Explore allows associations to search for HOA management companies easily. Use our online directory today!
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