Homeowners’ associations, whether dealing with single-family development or multi-family buildings such as condos, townhomes, and apartments, are essentially businesses that must follow the rules and regulations they create for their community along with local, state, and federal laws governing their entity.
Running HOAs can become complicated, so when the governing board makes poor or uninformed decisions, the consequences could find the association in legal trouble. Retaining an HOA lawyer can provide your organization with myriad benefits that will save time and money and avoid stress.
Understanding the Legal Landscape and Regulations
Local, state, and federal laws change constantly, so it’s hard to know whether the HOA law you followed yesterday is applicable today. Rules and regulations can be daunting, not to mention confusing.
A Dallas HOA lawyer has specialized knowledge and expertise that will ensure you meet regulations and help you draft governing documents that meet those requirements. Fully understanding housing laws can help you avoid illegal situations and unhappy homeowners.
Protecting Your Association’s Interest in Litigation
No one wants to go to court, but sometimes it’s necessary. When a tenant refuses to leave the premises, a Dallas eviction lawyer can help protect your interests in the proceedings. Likewise, when dealing with delinquent homeowners or negligent contractors and vendors who don’t fulfill contracts, your HOA lawyer can act quickly and without bias to ensure your community remains safe and friendly.
Assisting with Contract Negotiations and Drafting Documents
Contracts are legal documents that must have specific language that makes them enforceable. The same goes for your association’s formation and governing documents that outline the CC&Rs, regulations, bylaws, etc. These documents help maintain peace, order, and standards within your community. Remember all HOA documents are subject to federal, state, and local laws. Simply finding an online example and changing it to meet your needs frequently doesn’t work.
Managing Disputes with Owners, Vendors, and Other Parties
Not all disputes head to court. As a neutral party, an experienced HOA lawyer can often find solutions with disgruntled homeowners before situations get out of hand.
Disputes involving homeowners are common. Most Texas communities are quite diverse, and as such, there is no guarantee that everyone will get along. Disputes may even occur between homeowners and vendors. Resolving disputes fairly is challenging.
When an HOA lawyer intervenes, association members may be more to see a resolution as fair rather than having a board member, who is one of their neighbors, determine the outcome.
Offering Proactive Advice to Avoid Potential Conflicts
Board members often have good intentions, but the language in potential changes to governing documents may either need to be more enforceable or in violation of laws. By retaining legal counsel, you can have a professional review of proposed changes before they are voted on and implemented. A Dallas HOA lawyer can recommend a review process that allows all members of your community to have input, often uncovering potential problems you may not have foreseen.
Providing Specialized Resources for Unique Situations
Although your rules and documents will attempt to cover as much as possible, it’s impossible to anticipate every situation. Something situation will occur for which you are entirely unprepared, and your board will be left grasping at interpretations. A legal professional can guide you, so you don’t incorrectly interpret the law or be accused of harassment or discrimination.
Legal Guidance for a Comprehensive Range of HOA Issues
Manning & Meyers can provide Texas HOAs and landlords with a comprehensive range of legal services tailored to the unique needs of an HOA or a landlord. Instead of second-guessing your abilities, contact us today to get started on the legal representation you need when dealing with association members and tenants.