What Does an Association Law Group Do?
An Association Law Group is a dedicated division of a law firm whose focus is exclusively on the unique needs of not-for-profit condominium associations and community associations. This specialized division works diligently to address the diverse legal issues that these associations face.
These legal issues range from the development stage, where associations replace the declarant, to the ongoing governance of community associations . Having a separate group of attorneys devoted to this practice area provides numerous advantages to condominium and community association clients, including the ability to cite relevant case law and statutory authority swiftly, speak authoritatively on legal controversies, and leverage experience obtained from over 100 prior changes in the law that have been critical to the development and operation of community associations. Not only are these attorneys able to employ this experience on behalf of their clients, but they also regularly share their experiences with other association counsel with the aim of disseminating helpful information to the entire community association legal profession.
Common Types of Services Offered by Association Law Groups
The prominent services association law groups provide include:
Legal Consultation
An association law group’s legal consultation services assist with a variety of legal issues a homeowners association may face. These issues include contracts and dispute resolution. Further, they may handle matters involving the Fair Housing Act, Fair Debt Collection Practices Act or local housing laws. Additionally, a law firm specializing in association law can offer counsel on how to best navigate disputes regarding neighbor nuisance or liability for damages to another resident’s property.
Dispute Resolution
Disputes between homeowners associations and their members frequently occur, as do disputes between homeowners that may require the intervention of an HOA. A leading Michigan HOA lawyer may be able to mediate and resolve many disputes without the need for litigation. In some situations, litigation may be unavoidable, and a homeowner association may need to enlist the help of a skilled HOA lawyer to file or respond to a lawsuit.
Governance Advice
HOA lawyers provide governance advice to associations to ensure that their rules, procedures, and interactions with members comply with the law and their governing documents. For example, they can advise on board elections, annual meetings, and how to deal with difficult members.
Why Are Association Law Groups Important to Community Associations?
Management of the complex and often challenging legal issues faced by homeowner and condominium associations is best handled by an Association Law Group. An association of attorneys familiar with the evolving statutory and case law, where each attorney develops a specialization in one or more areas of community association law, can ensure that all client legal needs are met. The board of directors of a community association can rest assured that the entire spectrum of legal issues faced by community associations will be handled by an attorney well versed in those issues and that all client legal needs will be promptly met.
How to Select the Appropriate Association Law Group
Experience: Associations often benefit from the experience of an association law group as there are numerous state and federal laws that can apply to them, both in their formation and operations. While all associations should seek counsel experienced in Association Law, especially since member relations may be involved, certain types of associations also need insight in relation to other areas of the law, including: intellectual property, estate planning, business entity structure, antitrust, tax and compliance, litigation, tax-exempt organizations , charities and nonprofits. Creative solutions may be needed to address the broad range of laws that can apply to an association.
Reputation: As with any business relationship a referral from a trusted source may be paramount. Speaking with other association board members and officers may be a good way to get ideas about where you might wish to look. A little research may be able to bring you to association law group that has the reputation and expertise to meet your needs.
Client Reviews: Once you identify some prospective law firms you can investigate them. Checking with your state’s bar association and the Better Business Bureau may give you insight as to whether or not a firm has received complaints and whether they were resolved. The State Bar of California also maintains a searchable database of all lawyers in the state. You can search either by the lawyer’s name or by the name of the firm. The information includes the name of the firm, its location, and contact information. In addition, most law firms maintain a website that may provide information on their practice areas. The State Bar of Arizona also maintains a searchable database and consumers can access the information for free. Any of these sources may provide information on an association law group as to what they do and their qualifications.
Common Legal Issues Facing Association Law Groups
While the specific focus of association law groups may vary, as noted previously, most provide legal services for associations and members of those associations. The typical legal issues faced by association law groups include covenant enforcement (i.e., the enforcement of the rules and restrictions placed on property owners), general association issues, collections, construction defect litigation, and foreclosure issues. While association law groups on the whole aren’t as involved in boundary disputes or other ‘surrounding land use issues’ as they were decades prior, particularly in rapidly urbanizing areas, some association law groups continue to perform this legal service.
In addition to "on property" issues, association law groups also frequently help associations, and by extension the members of the associations, navigate difficult legal waters associated with foreclosure, nuisance and reasonable accommodation issues.
The Future of Association Law Groups
The future of association law groups promises to showcase the continued evolution of these vital components of the condo industry. As trends continue to develop, technology will no doubt play a role in helping associations link boards of directors with their legal counsel, managers and owners and residents. For example, there are many applications that help community association boards of directors communicate with their residents through the internet and can connect them with their lawyers as well. The same is true for managers.
Even communication between an association and its residents in condominiums or HOAs can assist all involved in understanding that progress on environment, maintenance and other issues is proceeding when expectations exist for progress. This should reduce the number of crises for which outside counsel is involved . Technology will also play a part in allowing owners, managers, boards and counsel to share information regarding legal issues for organizations. Organizations such as those formed by members of any condo law group establish leadership in particular areas of law. Lawyers with particular interest and passion in niche areas should obtain credentials that ensure recognition as experts in a specialty area of condo law. An expert can author a well-known and respected book related to the niche, speak at the national level at CPA Summit and inform boards of directors regarding some particular aspect of law affecting them. Creating an encyclopedic repository of information for any aspect of condo law will be valuable for homeowners association leaders. When credible sources are provided, boards of directors will call the condo or HOA specialist for assistance.