Questions to Ask Your Homeowners Association (HOA) Attorney

The community generally elects the Homeowners Association board. Board members assume many legally required responsibilities, even if the positions they hold are unpaid.  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:

  • What are my legal responsibilities as a board member?  You will have certain recordkeeping, financial, and other responsibilities, based on local, state, and sometimes even federal laws.  An attorney who focuses on community association law can help you meet all requirements.
  • What is required for the board concerning the management of other people’s money?  Board members have a fiduciary duty, that is, all board members are responsible for properly managing the money and assets of the homeowners.  Your attorney can help you understand the requirements for holding a board position.
  • Can a board member be sued?  In fact, anyone can be sued for a multitude of reasons in everyday life.  Since being a board member is generally an unpaid volunteer position that is essential to the smooth operation of the community, the HOA bylaws and state laws generally provide written protections of board members.  An attorney who focuses on community association law can identify any lawsuit risks and tell you how you are protected.
  • How much can assessments be raised each year by the board?  While assessments can be raised any amount with a vote of the homeowners, state and local statutes also play a role in determining the maximum increase without a community vote.  Your attorney will be on top of the most recent statutes and will be able to give an accurate answer to this question.
  • What have I forgotten to ask?  Your attorney should have the experience needed to provide the answers to the critical questions that you did not think to ask..

Legal help for meeting your HOA responsibilities

HOA board members have many serious responsibilities, based not only on local and state laws, but on the legal requirements set forth in the HOA documents.  The Law Firm of Peters & Freedman, L.L.P. is a group of experienced attorneys, paralegals, assessment collection specialists, and expert administrative staff.  Our seasoned professionals in the field of community association law can provide the assistance you need to run your association smoothly and efficiently for the benefit of every owner.  Contact one of our attorneys, David Peters, Simon Freedman, James McCormick, Keenan Parker or Stephen Kirkland to get answers to all your questions.