HOA law involves many local, state, and federal laws. To remain compliant with these rules throughout changes in the law and changing needs within your community, having a law firm on retainer to guide your community ensures continued compliance and better protects your HOA from legal claims. At Halk, Oetinger, And Brown, we assist clients with these issues each day and have some common questions and benefits in this article about how general counsel representation can assist your HOA.
General Counsel Representation
Is our fine policy in compliance with Arizona law? Our neighbor put up a flag in their yard, is that allowed? Can renters vote at our annual meeting? There are many questions that come up in community association law. Having an Arizona law firm represent your HOA for these general counsel questions is crucial for staying in compliance with the many rules and laws that apply to your community.
Governing Documents and Enforcing the Rules.
It is often difficult to enforce all the rules and regulations detailed in the governing documents. Often the HOA covenants, conditions, and restrictions (CC&Rs) were written many years ago and changes in statutes and case law can render certain provisions unenforceable or require modifications. Periodic review of all governing documents and making sure your Board understands the impact of all new legislation can help to make sure the association has a clear understanding regarding enforcing rules and regulations.
Protection During Legal Action.
Whether your association runs into internal disputes or legal action with a member, any association that already works closely with a dedicated HOA law firm will not need to get an attorney up to speed on the matter. The law firm will have a complete understanding of your governing documents and the steps that were taken to address the matter before the legal claim. The HOA will also be in a better position to defend against claims when it has a law firm working to ensure ongoing compliance with new laws. This can make a substantial difference when it comes to handling any legal issue as quickly as possible.
Ongoing Legal Counsel
Many HOAs hire a law firm that specializes in association representation for their legal counsel on an ongoing basis. The HOA legal counsel can give legal advice on a variety of issues, including changing state laws and how they impact the association, problem members and violations of governing documents, community affairs, injuries on community property, and more.
The Halk, Oetinger, And Brown Difference For Your Association
Our firm offers general counsel representation for a flat monthly rate to ask your questions and improve your community. If your association or planned community is looking for ways to improve your assessment collections, the best next step is hiring an HOA law firm to review and revamp your entire process. It might sound like a time-consuming and expensive process, but it does not have to be. Halk, Oetinger And Brown only represent Arizona associations and planned communities. Our firm focuses on providing unique HOA solutions, not on racking up billable hours. We have industry-leading monthly plans available that are cost-effective and we can make an immediate impact on your assessment collections process. Schedule an initial consultation our contact us page.
Halk, Oetinger, and Brown shares this article for informational purposes only, and it does not create an attorney-client relationship.