When should an HOA board seek legal advice on compliance?
Answer:
An HOA board should seek legal guidance when a governance issue raises questions about its authority or compliance obligations. The attorney can review the documents, rules, and relevant law and advise the board before it acts.
An association relies on different professionals for different responsibilities. Our attorney compares the roles of an accountant, a property manager, and an attorney, emphasizing that legal questions should receive legal review.
When a governance issue appears to involve the law, the board can work through its property manager to present the question to counsel. The attorney then reviews the relevant governing documents, rules, and regulations and provides advice tailored to the issue.
A community association attorney can help the board understand the limits of its authority and applicable statutory requirements. Seeking advice as an issue develops can help directors make an informed decision instead of relying on assumptions about what the documents permit.