HOA Law, Peters & Freedman

A Home Owners' Association (HOA) is a legal entity that governs a subdivision, condominium or townhome development, or planned community. An HOA provides people with shared neighborhood values an opportunity to enforce regulations, consistent with overriding statutory constraints, to achieve a community representative of such values.

HOA membership is mandatory for all property owners within the development. A board runs the HOA, bound by the HOA bylaws and Declaration. Board positions are filled by election or appointment.

An HOA has certain duties that may include:

  • collecting a fee assessment from all owners to maintain common areas
  • addressing legal and safety issues
  • enforcing restrictions that are applicable to that particular residential area
  • providing residents with a platform to address common concerns of the community

Before you run for your board, or if you are currently a board member, you may want to consult with your HOA attorney to learn your rights and responsibilities. Here are some questions to get you started.

It is imperative that an HOA has an effective policy and process for collecting delinquent homeowner dues or assessments. Such funds are essential to the financial well-being of the organization. With the dues, the association pays for needed services such as:

  • common area maintenance and repair
  • professional management
  • reserve funding
  • insurance
  • other operating expenses

Because there are a plethora of laws that govern collection activity, it is important that an experienced legal team such as Peters & Freedman, L.L.P. implement your association's policies.

The attorneys and staff that comprise our assessment recovery team work with our community association clients to aggressively recover delinquent assessment accounts. The team is proactive, keeping clients informed of the progress being made on each matter and educating clients on the advantages and disadvantages of each collection option available under current law.