Finding an Attorney specializing in HOA issues

KimberlyC1 (North Carolina)
Posts: 1

Posted:

Can you tell me where to start in my search for an attorney specializing in HOA issues? WE are in the Raleigh/Durham area.

Thanks,
KIM

JosephW (Michigan)
Posts: 882

Posted:

There are a number of attorneys at the bottom of the page of the Homeowners Associations of North Carolina web site:

http://www.hoa-nc.com/HOA201/PartnerProgram.aspx

There may be more inside if you decide to register (free for associations)

This isn't a plug - no ties to the site.

Also, there's a longer list at CAI North Carolina's web site:

http://www.associationvoice.com/Attorneys~61413~10363.htm

I'm sure someone else will come up with more names.

Joe

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LanceT (Alabama)
Posts: 121

Posted:

Do you need an attorney for the ENTIRE HOA or for you the individual? Hiring an Attorney for the ENTIRE HOA is an excellent idea have one on "retainer". Look for an attorney that practices "Business/Corporate law" and NOT a Real Estate attorney. Your dealing with a corporation/business when your in a HOA and NOT real estate. (It just happens to be involving "real estate".) You need a lawyer that can file liens, draft/file new rules, do foreclosures, and give advice to the board on as-needed basis.
If your looking for an attorney on an INDIVIDUAL basis, you still need to find one who deals with Business/Corporate law. You can find good sources in your phone book which may offer "free lawyer finds" in your area. Be aware that many charge: Retainer fee, hourly rate, legal costs of filing, and some for phone calls/emails each time you contact them. (I found out the hardway about being charged for phone calls/emails @ $26 a call.)
I must also make this point. If you do sue your HOA, you are suing yourself and your neighbors. You are a member of the association! That means that when you bring a lawsuit against your HOA the HOA has to be able to "defend" itself against that lawsuit. To do this they must hire an attorney on their end. How do they pay for this? Out of the dues money. Who pays the dues money? You and your neighbors. If you are to win a lawsuit, then where does the award money come from? You got it! The dues money or special assessment required to pay your award off. If you lose the lawsuit, then you could be forced to pay the court cost back to the HOA.
I am NOT saying that you shouldn't sue your HOA for an issue, there are MANY issues where I believe lawsuits are valid. However, realize the effect of what will happen if you do so. My best advice is that if you ever do decide to sue your HOA, make sure it is for something that involves a "group" of people with the same issue willing to join your cause, than going it alone.
The good news is that you may recover some of your legal costs on your taxes. Legal costs related to "investment property" may be deducted in some cases. So factor in that tidbit if this is something you want to pursue.
(Ps. I've been on BOTH sides of this issue. I once had to try to sue my HOA but at one time I ran my HOA. So the attorneys working for the HOA I actually hired!)

Recovering Ex-President of a HOA