May 03, 2024

The Importance of Legal Board Representation for Your HOA

Legal Board Representation for Your HOA
Legal Board Representation for Your HOA

As the board of directors for your homeowners’ or condo association, you’re entrusted with a significant responsibility – overseeing the governance, financial management, and operations of the entire community. It’s a big job with many legal implications that can be a lot for a volunteer board to take on alone.

That’s why having an experienced HOA attorney providing legal board representation is so valuable.

We aren’t just here to back you up when times get tough between the board and association members. Our board representation helps you make the proactive decisions that prevent issues with your members.

What Is Legal Board Representation?

When an HOA retains our attorneys for board representation services,  we act as general counsel for the association. We attend board meetings, review contracts and legal documents, provide advice to ensure compliance with laws and governing documents, and assist in legal matters affecting the HOA.

As your HOA or condo association attorney, our role is to protect the interests of the HOA itself, rather than any individual homeowner or board member. Trust us to guide the board in operating according to best practices and mitigating legal risks.

Ensuring Compliance with HOA Laws

Operating an HOA involves complying with a complex web of state and federal laws governing areas like fair housing, discrimination, meetings, elections, finances, and more. Violating any of these statutes can expose the HOA to costly lawsuits and penalties.

HOA attorneys ensure the board is aware of relevant laws and how to comply with them. We’ll review policies, procedures, communications, and board actions to prevent inadvertent violations. Having this expertise on your side is invaluable for keeping the association out of legal trouble.

Managing Risk with HOA Operations & Management

In addition to compliance, a board representation attorney helps manage risk in other areas of HOA operations and third-party relationships. We’ll review HOA contracts with vendors and management companies to ensure the association’s interests are protected.

If issues arise related to your management company’s performance or compliance with the management agreement, legal counsel can advise the board accordingly. 

We even go beyond board meetings and offer guidance in handling homeowner disputes, violations of governing documents, collecting delinquent dues, and kicking off enforcement actions.

Facilitating Sound Decision-Making 

Perhaps most importantly, having a lawyer attend board meetings provides an invaluable resource for making lawful and well-informed decisions. Faced with operational questions, vendor issues, reports of violations, or other governance matters, directors can get expert guidance before taking action.

We advise the board on recommendations that comply with the law, governing documents, and limiting liability. We can also share perspectives and best practices from working with other HOAs. This helps boards analyze issues more thoroughly and choose a prudent course of action.

The right legal counsel serves as a knowledgeable, impartial adviser to facilitate effective leadership and governance of the community. With our legal expertise, HOA boards can be confident their decisions put the association on firm legal footing.

Protect Your HOA with Manning & Meyers

At Manning & Meyers, our HOA attorneys have extensive experience providing legal board representation services for communities across the Dallas-Fort Worth Metroplex.

We’re committed to helping boards fulfill their duties diligently, ethically, and in a manner that protects your association’s legal rights. With Manning & Meyers, you get well-rounded counsel and robust legal support that keeps your association in compliance and away from risk.

Ready to learn more about our HOA board representation services? Contact us today, to schedule a consultation with our team.