Community Associations (HOA) exist for the benefit of homeowners who live in the communities they manage. Associations should retain their own attorney to resolve legal disputes with homeowners or to prepare legal documents.
Here is one reason why an Association should hire a real estate attorney:
Sometimes, a construction defect is discovered long after development of a neighborhood is complete. The developer usually remains liable for these defects, and any necessary repairs. When these defects affect a development’s common areas, the homeowners association will need to hire an attorney and take legal action against the developer.
Association Governing Documents
When an Association is formed, legal documents must be drafted. The most important of these documents are the Bylaws and the Covenants, Conditions, and Restrictions. Since all Associations are legally bound by these documents, Associations should hire an experienced Real Estate Attorney to draft or review them. Doing so will protect the Association from future problems with developers, unit owners, banks and insurance companies.
Collection of Fees and Assessments
Associations should hire a Florida Real Estate Attorney to collect outstanding fees and assessments from certain homeowners. Florida statutes have certain legal requirements and processes to follow when collecting fees and assessments. Having an attorney enforce collections increases the likelihood of success, since a lawyer will know the procedures for obtaining court judgments and liens.
A Real Estate Lawyer Can Help
The law surrounding representation of Associations is complicated and the facts of each case are unique. It is important to hire a Real Estate Attorney that has actually helped and represented an Association before. Gulati Law has the experience is representing some of the finest Associations in Orlando.