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Why might your HOA need legal counsel?

| Feb 28, 2020 | Homeowner Association Law |

Running a homeowners association is not for the faint of heart. The purpose of these associations is good, but not everyone agrees with them or the rules they impose. HOA boards in Missouri often find themselves dealing with issues that require legal assistance. Here are a few reasons why your HOA might need legal counsel.

Problem number one: Dealing with a difficult resident. Maybe you have a resident who is encroaching on common ground. Perhaps you have a resident who is not paying his or her dues. Maybe you have a resident who is failing to abide by community rules and restrictions. Regardless of the issue, how you handle it matters — go about it the wrong way, and it could wind up hurting the HOA and community in general.

Problem number two: The need/want to change community rules or association bylaws. The desire to change community rules or association bylaws may be the result of resident requests, or it could be that the association no longer feels specific rules and regulations are relevant. Changing CC&Rs or association bylaws generally cannot be done without community approval. Once any proposed changes are voted on and receive approval, legal counsel can draft the new documents.

Problem number three: A resident sues the HOA. Sadly, this happens more often than you would think, as it is impossible to keep all residents happy all the time. HOAs get sued for a number of reasons. Sometimes, going to court is necessary to deal with such situations, but there are times when issues can be resolved through out-of-court negotiations. Legal counsel can help HOA boards deal with such cases as swiftly and smoothly as possible.

Homeowners associations, when run and appropriately managed, keep Missouri communities clean and pleasant for everyone to enjoy. When local HOA boards require assistance with the problems mentioned above, or any other legal issues, who they turn to matters. To learn how an attorney with experience handling HOA issues can be of assistance, please take a moment and visit our firm’s website.