Running A Homeowners' Association? Why You Need A Lawyer

Are you currently running a homeowners' association, but do not have a lawyer working for you to help with legal matters? If so, you may find yourself over your head when it comes to figuring out certain legal aspects and not sure what to do. Using a lawyer can be beneficial for the following situations.

Draft Legal Documents

There will come a point where you need to draft a legal document when contacting somebody in the homeowners' association. They may not be following the rules of the association and need to be formally told that they are violating them, or fines need to be collected from a resident that has decided not to pay their monthly dues.

The process should always start with a formal legal document so that you know the HOA is following the correct method to notify residents.

Go After Residents For Missing Dues

When you have residents that have not been paying their dues, you have a couple options that you can take to get them to pay.

Without a lawyer, all you can really do is prevent them from using any shared community services that the dues go toward. For instance, this can include access to a recreation center or community pool. If that is not working, then legal action will need to be taken.

A lawyer can help take the case to court to ensure the HOA gets the money that it is owed. This can be done by having the court order that the money is taken out of the homeowner's paychecks through wage garnishment, or even placing a lien on their home. A lien will cause problems down the road when they eventually try to sell or refinance the home.

No matter what path you take, it helps to know that you are doing everything within the law.

Review Contracts With Vendors

It's worth having a lawyer look over any contracts that you will be signing with vendors to work within the community. This ranges from people doing major construction work to even simple landscaping. Reviewing the contracts will ensure that you are protecting the community from getting a bad deal. For example, signing a contract for a service over the next few years but having the rates increased without notice.

These are just a few ways that a lawyer can help out your HOA. For more ideas on what they can do for you, contact a law office like Sauro & Bergstrom, PLLC.


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