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The Value of an Association Attorney

Like an HOA manager, a community’s legal counsel is one of the most important people – other than volunteers and residents – involved in our homeowners association. As a paid, integral member of the association’s professional team, the attorney is intimately familiar with what is happening in the community. And because community association law is complex and ever changing, the association’s attorney is knowledgeable in a wide variety of practice areas that can affect the association, including:

  • Premise liability
  • Construction warranty
  • Directors’ liability
  • Real estate
  • Contracts
  • Architectural design and review
  • Insurance
  • Employment
  • Taxation
  • Environmental law
  • Water regulation
  • Collections and foreclosure

The attorney doesn’t represent the board, individual board members, individual homeowners, any group of homeowners or the manager; he or she represents only the homeowners association. One person on the board has been designated as the contact with the legal counsel.

In addition to acting on the association’s behalf in legal matters, the attorney also advises the board on its responsibilities and obligations. And as board terms expire, the attorney acts as the de facto association historian as well, so that the board can provide continuity in policy-making and operations.