Homeowner’s Association Lawyers in Denver Enforcing Rules, Protecting Board Members from Lawsuits
A Homeowners Association (HOA) is an organization in communities where homeowners pay fees and are responsible for adhering to a set of rules and guidelines enforced by the HOA. The laws are typically initiated by HOA board members and are run similarly to property management companies.
Property owners in these communities must pay HOA fees required by board members to cover property maintenance and management of common areas, from interior to exterior.
If you manage an HOA or live in an HOA, there are two good reasons for having a relationship with an HOA attorney:
- If you’re a property owner of an HOA, and the Board is not maintaining common areas or areas of the property and building you pay fees for, they are likely in breach of your contract and not fulfilling their obligation as a fiduciary.
- If you’re the governing body of an HOA, like any other management company, you are responsible for setting the tone, rules, and bylaws so community members don’t take advantage or infringe. An HOA attorney can draft and examine agreements and assist in filing lawsuits when breaches arise.
Homeowner’s associations are a special breed, and it takes an experienced and skilled homeowner’s association lawyer to protect the rights of both HOA boards and HOA members in a specialty and nuanced industry.
What is the Role of Community Members?
A Homeowner’s Association (HOA) is a self-governing body responsible for maintaining planned communities such as condominiums, co-ops, high-rises, or townhouses.
The responsibilities of an HOA vary, though it might oversee the management of an entire property or provide selective management of common areas only. Homeowners, in return, pay fees for the upkeep of the facility and in return, expect the HOA to fulfill their duties as property managers and keep the property well-maintained, clean, and safe.
The more amenities involved in higher-priced communities, the more fees. Maintenance and duties could expand to swimming pools, fitness areas, parks, roads, and lawn maintenance, among others.
When you enter into an agreement with an HOA management company, it’s important to have an experienced attorney review and consult on the governing documents given legal obligations, and fees vary so greatly depending on the HOAs location, property, community, and specific policies. This will help prevent disputes with these management companies, too.
At the same time, if discriminatory or retaliatory behavior is at play, like selective enforcement, and you are being treated differently than other property owners, we can step in.
A law firm with HOA expertise like Ragab Law Firm P.C. can help you understand homeowner rights, monthly dues, and implications of covenant violations, among other important things that could result in potential liability for you.
What is the Role of a Board Member?
Members of the homeowners association select board members to serve. Board members are hired to act and run an HOA like management companies run an apartment complex or a similar property.
An HOA is similar to a business, as board members are responsible for vendor relationships, contracts and agreements, and the financial affairs and budget of the property, among other things. Homeowners pay specific fees and take on legal responsibilities to live in a community run by an HOA.
Board members have a fiduciary duty to keep properties clean and safe for all homeowners, from common areas to interior and exterior areas of the property, and also are legally responsible for enforcing compliance with governing documents.
A successful HOA puts the community and interests of the property owners first and creates a collaborative space to share decisions with property owners, property managers, and other individuals responsible for the upkeep and maintenance of an HOA.
From enforcing bylaws and guidelines to collecting unpaid assessments and dues to filing lawsuits and representing board members in court, we protect the businesses and the people behind HOAs from unnecessary risks, legal costs, and headaches with proactive planning and legal counsel.
If you are involved in a lawsuit with a property owner, book a free consultation so we can offer legal guidance at (303) 564-7313.
What Does a Homeowners Association Lawyer Do?
A law firm can be an asset to HOA board members as we can help establish best practices for the community, create legally-sound governing documents and contracts, and overall minimize risks and liability for the board.
HOA attorneys offer strategic solutions and legal representation when property owner conflicts and disputes arise. Our team can help HOA boards uphold responsibilities, work through management concerns and board member disputes, and also assist in litigation as disputes arise.
As an example, an HOA board member might solicit the legal assistance of an experienced HOA law firm when individual homeowners have unpaid assessments, HOA fines, or are not fulfilling their obligations as property owners.
HOA issues like unpaid HOA dues might warrant the defense of an HOA law firm to help pursue judicial foreclosures and offer foreclosure defense, as one example.
Our law firm also protects homeowners from poor management company practices the same way we represent HOA board members. An HOA might use discriminatory practices like selective enforcement to push a set of rules for one homeowner but not the rest of the group. A violation notice might be given to one person for
Homeowner associations are unique and complex, and we have the niche industry knowledge to handle a broad range of HOA issues. We offer proactive counsel and representation to both HOA board members and individual homeowners of HOAs. Call Ragab Law Firm, P.C. to see how we can help at (303) 564-7313.
Get Legal Counsel from a Homeowners Association Lawyer
Our homeowners’ association lawyers can save HOA board members and property owners time, money, and headaches with proper planning and guidance as it relates to HOA documents and HOA issues.
Before taking on legal responsibility as an owner or assuming authority as a board member, it’s important to first understand your rights, how HOAs work, and potential implications.
HOA board members must put property owners first and meet specific duties of property care when managing budgets, finances, and property maintenance. HOAs must avoid discriminatory practices, especially selective enforcement, or face potential liability and lawsuits.
The same goes for homeowners, who must follow the standards and rules laid out in the HOA documents to avoid unpaid assessments, unpaid fines, and judicial foreclosures, among others, that put the HOA in a compromising position, financially and otherwise.
If you are a board member of an HOA and need expert legal counsel for day-to-day issues or in the event you’ve been sued by a property owner, lean on our specialty HOA knowledge and experience in handling like-minded claims through to resolution.
Tell us more about your potential HOA issue through a no-obligation and free consultation.