what duties must condo association hire lawyer

HOAs at times hire an attorney to collect outstanding fees and assessments from homeowners who are not responding to the HOA's enforcement efforts. Having an attorney enforce collections increases the likelihood of success, since a lawyer will know the procedures for obtaining court judgments and liens based on nonpayment.

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What are the responsibilities of a condominium association?

 · The 4 Crucial Duties of Condo Board Members: As Told by Condominium Lawyers. The name, condominium owner associations (COA), is often conflated with a homeowners association (HOA), when they actually have very different roles to play. Condominium lawyers discuss the intricacies involved with being a COA board member, and how to protect your …

Do you need an accountant for a condo association?

 · Condo & HOA Law (358) Property Management (314) Common Area Issues (310) Condo & HOA Assessments (252) Condo Association Insurance (194) Disabilities & Owner Rights (160) Condo Association & HOA Meetings (157) Condo Reserves (138) Condo Association Management (132) Condo & HOA Elections (114) Illinois (113) Condo Developer Issues (111)

Why would An Hoa hire an attorney?

 · The Florida Supreme Court recently dealt a blow to Condominium and Homeowner Association Boards when the Court issued an advisory opinion ruling that a number of tasks that community association managers routinely have performed must be performed by licensed attorneys. Association boards preferred that these tasked be completed by their paid …

What are the responsibilities of a condo board member?

An attorney can help decipher the language of the relevant documents and explain the HOA's obligations under state and federal law. HOAs Hire Attorneys to Collect Fees and …

What are 3 responsibilities of a lawyer?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•

What qualities make a good HOA board member?

What Makes a Great HOA Board Member?Enjoy volunteering. ... Are civic-minded. ... Are positive and optimistic. ... Exercise fairness. ... Know that the rules apply to them, too. ... Take their role seriously. ... Have a mind for business. ... Understand that their authority comes as a board, not a board member.More items...•

What are the duties of HOA board members in Florida?

Main Duties of HOA Board MembersEnsure Compliance to Laws and Governing Documents. ... Maintain Common Areas. ... Enforce HOA Rules and Regulations. ... Manage HOA Finances. ... Conflict Resolution. ... Duty of Care. ... Duty of Loyalty. ... Duty to Act Within the Scope of Authority.More items...

How do you deal with disruptive board members?

5 Tips For Dealing With Difficult Board MembersConfront the issue head on…. and in person. ... Focus on the organization not the person. Ask yourself what will allow you to best meet your organization's mission and ask your board member to do the same. ... Use specific examples. ... Use “I-messages” ... Listen.

How do I run a successful HOA?

Nine HOA Guidelines for a Successful CommunityPut the community first. ... Get homeowners involved. ... Respect final decisions. ... Have a vision and mission. ... Have Board and Committee members who work together as teams. ... Run it like a business. ... Collaborate with a property manager. ... Communicate well.More items...

What are the responsibilities of the president of an HOA?

The HOA president serves as the executive officer of the board of directors. As with any executive officer, the president is responsible for running meetings, establishing the agenda and executing contracts and other legal documents pertaining to the HOA.

Do Florida HOA board members have a fiduciary responsibility?

The Florida legislature has incorporated the “fiduciary duty” rule in Florida's Homeowners' Association Condominium Acts, both of which expressly state “[t]he officers and directors of an association have a fiduciary relationship to the members who are served by the association.”

What is the role of the board of directors in a HOA?

The Role of a Homeowners' Association Board of Directors There are three general responsibilities of association boards. These include maintaining common areas, managing budgets/fiscal responsibilities, and enforcing/complying with governing documents.

What can an attorney do for a HOA?

An attorney can help decipher the language of the relevant documents and explain the HOA's obligations under state and federal law.

Why do HOAs hire an attorney?

HOAs at times hire an attorney to collect outstanding fees and assessments from homeowners who are not responding to the HOA's enforcement efforts. Having an attorney enforce collections increases the likelihood of success, since a lawyer will know the procedures for obtaining court judgments and liens based on nonpayment.

What is the HOA written in?

In theory, the HOA's governing documents are written in plain English, so that anyone can understand their meaning. Nevertheless, situations can arise where an HOA board member needs an expert opinion, particularly if it involves a dispute with a homeowner or allegations of unlawful behavior such as discrimination.

What is a HOA in 2021?

Updated: Jun 18th, 2021. Homeowners' associations ( HOAs) exist for the benefit of residents in a condominium, townhome, or other planned community or development. This benefit can sometimes feel like an obligation, however, when the HOA enforces community rules. And the list of rules is often long!

What happens when a few homeowners fail to pay their fair share?

When a few homeowners fail to pay their fair share, a greater financial burden ultimately falls on the entire community, and can bring down property values.

Who drafts HOA documents?

Many HOAs (or the construction company that builds the new development) will hire an experienced HOA attorney to draft or review the documents.

Should homeowners association hire an attorney?

If not, however, when these defects affect a development's common areas, the homeowners' association should hire an attorney to assist in taking legal action against the developer. This is not the responsibility of individual homeowners.

What is an association attorney?

An association attorney, similarly, represents the association. The board owners elect to represent them, and the board, representing the collective interests ...

Does Pease advise owners to hire an attorney?

When owners ask him for legal advice, Pease doesn’t advise them to hire an attorney to represent them . “I don’t want to encourage litigation,” he notes. But he does suggest that they attend meetings, ...

What is the condo association?

This association is an organization with a responsibility to ensure that the community operates according to the agreed-upon rules and regulations. These are usually contained in the association’s bylaws and C&R documents.

Condo association board structure

Once the condo association has elected a board, its structure should be as follows:

Responsibilities of the board

In order to truly understand how your condo association works, you must understand the responsibilities of the board. That’s because the board is the one managing and governing the property at large. Depending on state and provincial regulations, the condo association board has the following responsibilities:

Who is responsible for the management of a HOA?

The governing body ( or board of directors) of the HOA is responsible for the management of all aspects of the association. It may delegate management of certain activities to other persons or businesses, such as a property management service, but it must retain ultimate control.

Who to contact about HOA?

If you have any questions about the powers and duties of an HOA or its board of directors, contact a Residential Real Estate Lawyer in your area.

What is a HOA board?

It's a way to get involved and to have a say in how your community maintains its quality and acts according to the rules. These are rules that all homeowners agreed to when they bought in.

What are the powers of a board of directors?

The board's powers and duties normally include such things as: Enforcing provisions of the declaration, articles, and bylaws for the ownership and management of the development. Paying taxes and assessments that are, or could become, a lien on the common area. Contracting for insurance on behalf of the association.

How long does it take to get a HOA meeting?

For instance, the first meeting of the HOA might have to occur within six months after the closing of the sale of the first unit in the development.

How many people are on the HOA board?

Well over two million people in the United States serve on HOA boards or committees! ( Source: Community Associations Institute, 2020 report .) But what does the role of a board member really involve?

What is a HOA?

First, some legal background: An HOA is a nonprofit corporation or unincorporated association, the purpose of which is to manage a common interest real estate development. The HOA comprises owners of property in the development, which elect members of a governing board to direct its activities. The board of directors has certain powers and duties.

What is the role of a developer in a condominium?

While a condominium is in development, the developer controls the affairs of a condominium. As the principal unit owner, the developer retains authority to appoint board-members and/or officers, manage common elements, administer the association’s finances including collection of assessments, and generally perform the association’s duties. Eventually, as more units are sold, the developer will turn over control of the association to its members.

What is a declaration of condo?

The declaration is essentially a legally binding contract entered between the association and each unit owner.

What is reasonable accommodation?

Delvista Towers Condo. Assoc., 49 F.Supp. 3d 1082 (2014). A reasonable accommodation could be a structural change, like a wheelchair access ramp, or a policy waiver, such as an exemption to a pet restriction to allow for an emotional support animal. Bhogaita v. Altamonte Heights Condominium Assn., 765 F.3d 1277 (11th Cir., 2014).

What are common elements in a condominium?

Common elements also include easements or rights-of-way necessary to a building’s infrastructure such as plumbing, wiring, and HVAC, or necessary to maintain the building.

What is the right to vote in a condominium?

All unit owners automatically become members of a condominium association upon purchasing a unit. Membership rights include the right to vote in elections for board members. The board of directors consists of a defined number of elected members (usually specified in the bylaws) and carries out the association’s obligations on its behalf. The right to elect board members is the primary means by which unit owners exercise power over the board. The elected board appoints officers, such as a president and treasurer, to implement the board’s directives. Officers are usually chosen from among the elected board members.

When a developer decides to subdivide a single parcel into multiple condominium units, the developer must –

As with an HOA, when a developer decides to subdivide a single parcel into multiple condominium units, the developer must – after securing all necessary approvals – prepare and record a condominium plat within the land records of the county in which the units will be located.

Where to file a condo plat?

Condominium plats are often filed alongside or as an attachment to the community’s declaration of condominium. Upon filing, both documents become public records and can be reviewed at the office of the county clerk (or similarly titled county official, depending upon the state).

What is a homeowner association?

Homeowners associations are controlled by state law, and laws vary state-to-state, with separate laws for homeowners, co-op or condo associations. Plus, each association has its own set of government documents, known as for Declaration of Covenants, Conditions, and Restrictions, or CC&Rs, as well as bylaws and rules.

What are the two areas where associations and homeowners must often come into conflict?

The two areas where associations and homeowners must often come into conflict involve the collection of dues or assessments and the enforcement of rules . The stakes can be high because many associations have provisions that allow them to fine homeowners who don’t comply with the documents, file a lien against a home and even take the home by foreclosure. Most associations have the right to foreclosure for nonpayment of dues after a certain period, including attorney fees and late charges.

What happens if you don't pay your association assessments?

Otherwise, the amount due can escalate once the board starts adding attorney fees. If it turns out you were overcharged, you can ask for a refund later. “If you don’t pay your association assessments, you have twice the problems.”. Bauman says. “It’s like not paying your taxes.”.

How many people live in community associations?

More than 68 million Americans live in community associations, according to the Community Associations Institute, meaning 1 in 5 of us is required to follow the rules and regulations of a condo, cooperative or homeowners association.

What to do if you have a notice of arrears?

If you receive a notice that your dues are in arrears, or that you have violated a rule, your first step should be to call and ask for a face-to-face meeting. “Ask for a meeting with them, explain the situation and plead your case,” Benson says. “Do that and appeal to their sense of decency and fairness.”

What happens if you don't resolve a compliance issue?

If you run into problems you can’t resolve with your association, your only recourse in most cases is to sue in civil court, which can be expensive. Even if you prevail, you may still end up paying your own attorney fees. And the association’s fees are going to be shared among you and your neighbors.

What to do if you violate a rule?

If you inadvertently violated a rule, “Admit your guilt, apologize and promise that it will never happen again ,” Benson says.

When an owner of a condominium unit challenges an action by a board of managers, the court must apply answer

When an owner of a condominium unit challenges an action by a board of managers, the court must apply the business judgment rule. Under the business judgment rule, court review of the actions of a board of managers is limited to whether the board of managers' action was authorized, and whether it was taken in good faith and in the furtherance ...

What is the principle of condominium?

It is a principle of contract interpretation that when parties set down their agreement in a clear, unambiguous and complete document, such agreement should be enforced in accordance with the plain meaning of its terms. Further, a condominium's board of managers is statutorily empowered to enforce the condominium's by-laws, rules and regulations.

What happened when the owner refused to remove her dog from the condo?

When the unit owner refused to remove her dog, the board commenced an action to declare the defendant in violation of the condominium's declaration, bylaws and house rules and sought to permanently enjoin her from keeping any animal in her unit without prior board approval.

What is condominium in New York?

In the state of New York, a condominium form of ownership of real property is defined as a division of a single parcel of real property into individual units and common elements in which an owner holds title in fee to his [or her] individual unit as well as an undivided interest in the common elements of the parcel.

Can you have pets in a condo?

The rule passed by the condominium board of managers excluded pets from the complex. In that case, the condominium's bylaws included no restrictions on pet ownership in the condominium and, further, states that unit owners "and their pets" shall not disturb the other unit owners.