The board running a homeowners association (HOA) has many challenging responsibilities. Often, the people operating these boards are community members who volunteer out of a sense of civil responsibility.
In many cases, board members may try to handle as much as they can on their own to keep operational costs minimal. However, legal representation can be very important for the HOA board and its members. Instead of attempting to manage every process internally without support, partnering with a lawyer may be the best option available.
How can an attorney familiar with Missouri’s real estate and HOA laws help HOA board members serve their community?
By reviewing bylaws
Establishing bylaws and later enforcing them is a key responsibility for HOA boards. They impose specific rules on community members intended to maintain a consistent standard of living and to protect property values for everyone in the area. HOA boards may need help properly wording their bylaws. They may need advice on what is lawful and what is not. A lawyer’s insight can make a major difference when establishing or revising bylaws.
By assisting with enforcement
There are many ways to enforce community bylaws and collect past-due fines and monthly fees. In some cases, the HOA may need to pursue a lien against a property. Other times, they may need assistance drafting letters to advise property owners of non-compliance or past-due balances. A lawyer’s guidance can be very important in such cases.
By responding to litigation
Perhaps a visitor using community amenities, such as a playground, sustains an injury. They may attempt to file a civil lawsuit against the HOA community because the incident occurred on community property rather than on an individual homeowner’s property. Maybe a property owner sues because they allege that the HOA has engaged in some kind of misconduct. The guidance of an attorney can prove critical in scenarios involving lawsuits against the HOA.
Securing the right assistance can help an HOA effectively protect board members and their community as a whole. Consistent rule enforcement and appropriate bylaws can help preserve the characteristics of a community and the value of individual homes. An attorney’s guidance can make it easier for an HOA to establish and maintain its authority for the benefit of all local property owners.