This type of lawyer is the one who represents and advises the members of the board of the community of owners in many matters related to property rights and contracts. An HOA attorney is usually in charge of writing the rules of the community so that they comply with current law. They will also provide extensive advice to association members on organizational structure and leadership responsibilities and help enforce the rules against landlords. An HOA attorney can also represent the association if a lawsuit is filed and advise residents and board members of their rights under the law.

This law is a very specific branch of property law, which is important for the maintenance and creation of a property system. These property laws can help guide the buying and selling of property. Property laws establish the power that the association can control and set the parameters for how that power can be executed. When the community agrees to abide by a uniform set of rules, they are enforced by the homeowners’ association board, which is usually filled by election and is made up of individual residents of the community.

Because this board is like a quasi-legal entity that has its own separate rules, it is very important that the HOA board have legal representation to ensure that any actions it takes comply with applicable laws. The job of the HOA lawyer will be to represent the board of the homeowners association. The work of the HOA lawyer is mainly focused on advising helping them to review and update the rules so that they do not violate any existing laws.

Other jobs that an HOA attorney might do may include:

• Enforce the rules against any non-compliant owner by contacting the owner to explain the violation and try to find a resolution that is friendly to the owner and the board. If the homeowner does not cooperate, the attorney will be the one to start the contempt filings or legal evacuation.
• They can represent the HOA in any legal proceeding outside of the HOA, such as dealing legally with a contractor who did a poor job on the development. It will be the HOA attorney who will look at the compensation and, if necessary, file a lawsuit against the contractor.
• If the HOA is sued, the HOA attorney would advocate for the HOA in the case.

The HOA attorney is the legal voice of the association’s board of directors and is typically not a full-time job. Many times this attorney will represent multiple HOAs at once or will represent them and have a property law practice.