HOA Law Firms Near Me: What You Need to Know as a Homeowner

Work Performed by HOA Law Firms

HOA law firms serve a vital role in providing legal counsel and representation to both homeowners and homeowner associations (HOAs). Their expertise is particularly beneficial when associations or individuals encounter disputes, need guidance on governance, and are unsure how to remain in compliance with state and federal laws.
Representing Homeowners
A primary role that HOA law firms serve is representing residents in disputes against their associations. This can include collections of dues, go-to-meetings and elections, covenant enforcement and any type of harassment by board members. Many residents don’t know their rights within their community, which makes HOA law firms in the area particularly valuable. After all, even relatively minor misunderstandings with an association can lead to expensive and time-consuming legal disputes which could have been avoided.
Representing Associations
Homeowners aren’t the only ones who benefit from the help of HOA law firms. Associations themselves have a need for legal assistance: representation in lawsuits, legal document drafting and review, dispute resolution, advice and assistance with regulatory compliance, and more. HOA law firms have the knowledge and expertise needed to draft and review documents such as CC&Rs and bylaws. With their experience, HOA attorneys can ensure that associations are fully adhering to the Davis-Stirling Act, CC&Rs , and other laws such as the Fair Housing Act (FHA) and the Fair Employment and Housing Act (FEHA). Board members and associations often have many questions about best practices for their communities, and HOA law firms can provide the necessary guidance. Associations can rely on their attorney to make sure they maintain proper meeting records, follow proper procedures to call and conduct meetings, and can help raise issues related to decision-making. HOA law firms can also represent communities in cases of litigation, whether involving owners or third parties. They will review claims against associations and figure out if it’s possible to handle claims with insurance or otherwise. Additionally, if it’s necessary to represent associations in court, HOA law firms will be able to represent them while maintaining legal protections and privileges.
Their Reputation Matters
Because some associations will be involved in litigation at one point or another, it’s important to understand how HOA law firms represent associations in court. Certain attorneys will have experience with common types of litigation involving HOAs, such as: Because litigation can be expensive and time-consuming for associations, many HOA law firms will attempt to resolve conflicts without the need to go to court. Associations can rely on HOA law firms in the area to preserve the value of their community while remaining compliant with laws. In all cases, homeowners and associations need to engage with HOA attorneys that they trust — ones that fully understand their communities and the laws that apply to them.

HOA Law Firms Near You: Finding the Right One

When seeking guidance and support for HOA matters, finding a local Law Firm that specializes in HOA law can make all the difference. These firms often have extensive experience in managing associations, community associations, and Homeowners and Condominium associations in your area. You will find that local firms may have an advantage when it comes to knowledge of particular laws and ordinances that could impact your specific Homeowner association. Law firms located near you also tend to have an excellent working relationship with your Association’s Board of Directors, and with individual homeowners. These local firms may also have a familiarity with HOA Boards and Management Companies within your area, and an understanding of the specific needs of neighborhoods and communities. Working with a local attorney who has extensive experience with HOA matters is key to successful representation and cost savings.

The Advantages of Having Local HOA Attorneys

When it comes to dealing with Homeowners Associations (HOAs), the legal landscape can be tricky. This is why homeowners frequently turn to HOA law firms. And while there is a wide array of HOA law firms across the country, many homeowners find that working with a local attorney is far more beneficial. Restricted to your state, local HOA attorneys abide by rules of engagement set out by the National Association of Attorneys General and your state bar or equivalent professional organization for attorneys. An added bonus is that the attorney you partner with is likely based at a physical address near your community (good luck locating some out-of-state trusts and estates lawyers).
The benefits of hiring a local HOA attorney begin with a basic understanding of your specific state’s laws. Pretty much every state has different sets of regulations and guidelines that HOA laws and bylaws are based on. It’s the "state-regulated" part of your HOA and the laws that govern how your community is to operate. Every HOA must comply with these regulations and attorneys familiar with the specifics have the edge when it comes to interpreting the laws that govern HOAs in your state. The information helped you decide to move to your present home and will help you determine whether it is worth it to remain.
For example, suppose your HOA is having difficulty collecting payments and you want to take them to small claims court. A local attorney can determine if the debt collection process that happens at that level complies with your state’s laws. Or whether it makes more sense to bankrupt, close, or pursue other types of litigations against the persistently negligent homeowner. This is probably a good time to mention that there are the right wrong and indifferent ways to go after payment. The latter generally being cost prohibitive against recovery.
A local attorney also knows your local judges – how they think and what legal precedents they honor when making judgments in small claims and civil court. Their opinions can and do shape the way judges rule on cases. An experienced local attorney will understand these opinions and how they impact your case. They will also be able to see other simple options or approaches that might result in just outcomes. Since many HOA attorneys spend years living and working in the same area, you get a level of insight that a less familiar lawyer would not.

HOA Legal Matters Law Firms Typically Handle

In general terms, there are three major areas where HOA law firms provide services: covenant enforcement, fee disputes, and board governance advice. We take these categories one at a time:
Covenant Enforcement
As mentioned above, HOA law firms typically assist client HOAs with the enforcement of governing documents against unit owners. Obviously, the help provided in this area can be fairly wide-ranging as no two HOAs have identical rules and no two disputes are handled exactly the same way. However, the typical HOA legal problem that requires an HOA lawyer’s assistance is family pets. Declaration rules in many HOAs limit or prohibit pet ownership or restrict animals to a certain size or weight. Smaller dogs and cats often become the source of dispute and HOA attorneys often advise their clients about when and how to enforce pet restrictions.
Other common restrictions include the number or type of vehicles allowed in an HOA or whether parking restrictions apply. For example, in an HOA where nuisance complaints about noise, damage to common elements, or improper vehicle maintenance are common, the HOA’s rules may be strictly enforced by limiting vehicles only to passenger vehicles, vans, SUVs and pickup trucks. Some HOA attorneys have even had success establishing a de facto equivalent in the enforcement of CCRs by massaging the HOA’s rules into policy and by having a resolving body (the Board) consistently and fairly applying the so-called "penalty" for violations against everyone.
Fee Disputes
Another common source of disputes handled by HOA law firms involves fee disputes. Although fees and assessments are often well-delineated in governing documents , disagreements may arise when unit owners become delinquent in their monthly obligation to the association and the HOA decides to file a lien. In places like Washington State, with strong consumer protection laws, HOAs are required to give unit owners a series of notices once they’ve been placed on the HOA’s list of delinquencies. Many HOAs don’t know what they can do if the notices don’t work or how frequently they should be sent. HOA attorneys can provide advice to associations that don’t terminate the serial notice program and begin turning up the heat. For example, in most states, HOAs have the legal right to foreclose on a unit if it has an outstanding balance of six months or more. However, if the unit owner was facing financial difficulties and was already dealing with personal bankruptcy issues and the HOA lawyer didn’t properly document the debt prior to the bankruptcy, the HOA can lose its right to collect. An attorney can help an HOA develop a game plan to collect debts owed and ensure that proper measures are taken to protect the HOA’s right to collect at a later date.
Board Policies and Procedures
Lastly, HOA lawyers often help associations with policy issues. As mentioned before, many times these policies will deal with the enforcement of rules against unit owners. However, HOA lawyers often help associations develop a strategy for the fair and reasonable application of laws and regulations. An HOA attorney can help form transparent processes and procedures that provide a level playing field.

HOA Law Firms: Questions to Ask Potential Firms

When homeowners begin the process of selecting an HOA law firm, there are important considerations that come into play. The following list provides the framework for a general discussion that of course should be tailored to each unique HOA situation.
Are you licensed to practice law in my state?
What are the hours of operation?
How is your fee structure organized? Do you charge an hourly rate or have some type of fixed fee structure? Any other costs I should be aware of?
What is the percentage of HOA cases you handle and what types of HOA cases do you specialize in?
Are you able to handle litigation specifically related to homeowners associations?
Have you ever represented homeowners against an HOA you currently represent?
What is your success rate in cases related to community associations or HOAs (on HOA side) and what have the results been for opposing homeowners?
How do you compete with or reconcile the interests of your homeowners (in the context of an HOA) and your fellow HOAs? For instance, do you ever represent an HOA that is opposed to another HOA in court?
How do you handle conflict resolution? Have you ever changed to representing the opposing group (HOA/ Homeowners) after significant progress and work has been done?
Have you handled mediation for HOA disputes? What does that look like?
What strategies are most effective in preventing litigation against homeowners associations?

Pricing for HOA Legal Services

Costs for the services provided by an HOA law firm can vary greatly, depending on where you are located. As with any service industry, the more competition that exists, the more difficult it might be to compare. This is because a law firm offering specific services might pitch their services very differently than those lawyers or law firms who offer similar HOA-related services.
Some firms charge a flat fee per project, others charge hourly rates, and still others are able to combine different types of payment plans to create packages tailored to specific needs or types of clients. Before committing to any law firm, even for a free consultation, it’s a good idea to first determine if you are comfortable with that firm’s pricing structure and will be able to afford it in the long-term.
In general, promotions for flat fees that cover specific legal services are typically only offered by small law firms. Flat fees might be something you consider if your HOA is not large enough to require a lawyer on staff, but needs representations during board meetings or special purposes, such as foreclosure. Only large, well-established firms are able to offer flat fees for certain types of services.
Because HOAs are typically non-profit organizations with a limited budget for legal services, most lawyers charge by the hour. These costs can vary greatly by city, but seem to average between $150 and $850 per hour. Even if your HOA decides to add lawyers to the staff, the firm will still charge by the hour for any extra work.
HOAs need to be very careful when budgeting for legal services. With the costs of litigation rising more than the legal market is expanding, many law firms have begun to charge additional fees on top of their retainer price . Sometimes even non-litigation based contracts will have clauses requiring HOAs pay for the full attorney’s hourly rate, rather than a pre-determined flat fee for simple or quick work.
Outside of incorporating a lawyer in the staff, there are other ways an HOA can reduce legal costs and almost everyone involves bringing working with a lawyer who is already familiar with the HOA. This means record-keeping is essential. Going over the contract with the HOA lawyer or firm to make sure it covers every aspect of your community and reviewing monthly cash flow statements is necessary to ensure that the HOA is not tipping their hat to lawyers they have no need for. Work with the HOA lawyer to refine language in the contract and ensure the billable hours are as low as possible.
HOA’s and their legal budget also need to have a strategy. A small issue right now could be a big problem in just a few months, and going to a lawyer right away could mean paying more than necessary. Working with a lawyer monthly to determine issues that might arise in the next few months, rather than as soon as possible is a useful way to avoid paying for solutions before they are needed.
While HOA law firms or lawyers will advertise their services differently, the best way to truly determine if a firm is right for your needs is to ask about their rates, and verify their responses. Before scheduling a consultation, ask about their hourly rates over the phone to see if they match their website, and ask the lawyer what a consultation will end up costing you to make sure they are being honest.
When hiring a law firm, it’s always best to hire one that specializes in HOA law. If you do not need a lawyer full-time, spend some time making sure they are the right fit for your budget. Even if a firm is willing to work on a retainer, this does not mean that your HOA can afford to keep them around.