A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

selecting an attorney

Started by HeleneN • 9 replies • 2631 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

HeleneN (Connecticut)
Posts: 84
Posted:
What questions should the board be asking during the interview? This would be to have an attorney available on a "as needed" basis and not on a retainer.

Thanks in advance for all your advice. It has been so very helpful in the past.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Helen

Many say an HOA needs a business contracts type attorney, not a real estate attorney, as HOA docs are business contracts.

The first thing I would be looking for is does the attorney have experience in HOA's and how much. If they do then they would be able to tell you what the size and makeup of some HOA's they represent and their typical yearly billing to the association. No specific associations need be named at this time. Just general information like Association A is 120 standalone homes, few amenities, 12 years old, etc. I have represented them for 5 years and my average yearly billing to them is $7,500.00 per year.

When you get it down to maybe two choices then ask them to provide references from a few associations.

Hope this helps.

SheliaH (Indiana)
Posts: 6,964
Posted:
Here's a great article on the subject - hope this helps!

http://www.examiner.com/article/how-do-you-choose-the-right-attorney-for-your-hoa

Once you make your selection, be sure you designate ONE board member to serve as liaison with the attorney and set some guidelines as to when the attorney should be contacted - this way you aren't calling him or her every second (thus increasing your legal expenses). You may also want to ask if he/she will accept questions via email to save money (and you have an instant paper trail)
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JonD1
Posts: 2,350
Posted:
Quote:
Posted By HeleneN on 07/10/2013 5:48 AM
What questions should the board be asking during the interview? This would be to have an attorney available on a "as needed" basis and not on a retainer.

Thanks in advance for all your advice. It has been so very helpful in the past.

I would agree you need a lawyer that specializes in HOA/Condo law. Real estate lawyers are different. The lawyer we use practices just in the HOA area of the law. He does not do closings, or handle divorce cases in between.

Perhaps you might contact the local chapter of CAI and ask them for some references.
Not sure what part of CT you live in but I am sure you could find a qualified lawyer to handle your property's legal needs without all that much effort.

Good luck.

CarolR11 (Colorado)
Posts: 2,563
Posted:
With Jon, I agree that you should select an attorney that specializes in HOA law. From some previous posts, seems like CT has quite a few of them?

An attorney who specializes in contract law will NOT be able to help you with HOA document interpretation & CT law interpretation. An HOA attorney, though, will be very familiar with HOA contracts. Your covenants is one such contract. An HOA attorney also will be able to evaluate contracts you want to enter into with vendors for, say, large projects. The HOA attorney will protect you as vendors often have a boilerplate contract--maybe a part of their actual proposal-- that usually needs tweaking to protect your HOA.

Getting in touch with CAI probably makes sense. Also consider contacting a few board members or prop. mgrs.in similar HOAs for recommendations.

You might want to ask for references from prospects before you interview them

During your interviews with prospects, you'll even have a chance to get some some free legal advice-take advantage of it! The questions you ask depends a lot on your HOA's size & complexity.

A couple of months ago, we interviewed attorneys (to hire on retainer) from 4 firms and asked each what their most common topics are from HOAs. Every single one said that determining from the HOA's docs which areas of an HOA are the owners' responsibility to maintain and which are the HOA's responsibility. But that may not apply to you if those responsibilities are clear cut.

One board member only should have the right to contact the attorney--usually the president, as Sheila advises. That was in every proposal we saw and in our previous attorney's contract too. They all do accept email & will reply, but that's not free to the HOA.
CarolR11 (Colorado)
Posts: 2,563
Posted:
With Jon, I agree that you should select an attorney that specializes in HOA law. From some previous posts, seems like CT has quite a few of them?

An attorney who specializes in contract law will NOT be able to help you with HOA document interpretation & CT law interpretation. An HOA attorney, though, will be very familiar with HOA contracts. Your covenants is one such contract. An HOA attorney also will be able to evaluate contracts you want to enter into with vendors for, say, large projects. The HOA attorney will protect you as vendors often have a boilerplate contract--maybe a part of their actual proposal-- that usually needs tweaking to protect your HOA.

Getting in touch with CAI probably makes sense. Also consider contacting a few board members or prop. mgrs. in similar HOAs for recommendations.

You might want to ask for references from prospects before you interview them

During your interviews with prospects, you'll even have a chance to get some some free legal advice-take advantage of it! The questions you ask depends a lot on your HOA's size & complexity, i.e., the needs of your HOA.

A couple of months ago, we interviewed attorneys (to hire on retainer) from 4 firms and asked each what their most common topics are from HOAs. Every single one said that determining from the HOA's docs which areas of an HOA are the owners' responsibility to maintain and which are the HOA's responsibility. But that may not apply to you if those responsibilities are clear cut.

One board member only should have the right to contact the attorney--usually the president, as Sheila advises. That was in every proposal we saw and in our previous attorney's contract too. They all do accept email & will reply, but that's not free to the HOA.
MikeR15 (Massachusetts)
Posts: 389
Posted:
Before hiring an HOA attorney, do some homework.

Attached is an interesting article about HOA attorneys, accompanied by a news report that should give you some insight into

what their practices are about:

http://hoareformcoalition.org/2011/04/20/hoa-attorney-fees-an-unconscionable-racket/
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It may be expensive but having a lawyer on retainer may be a good option. That is something you all should look into first. What options do you want out of your lawyer?

The sole purpose for a lawyer for a HOA is to represent the HOA when it goes to court. Does a HOA need a lawyer for other things? Yes, they do in various degrees/specialties. If you don't have a lawyer on retainer, then you all may elect to have different lawyer per their specialties and needs.

We had about 2-3 different lawyers. One main lawyer we used was the one our bookkeeper used. However, when it came to redrafting our CC&R's we used another lawyer. Our main lawyer handled things like filing liens, doing a foreclosure, and odds/end legal stuff. That is because liens/foreclosures typically require a lawyer to file them. Which does vary to each state. Some states may charge nothing to file, require a lawyer, or charges a few hundred dollars. Check out your courthouse rules on how to file a lien so your not wasting your money on a lawyer or legal services.

That brings me to the major issue with lawyers and HOA's. Define what you need a lawyer for. Is it for advice? Is it just for filing paperwork? Is it to file lawsuits? Is it just to feel secure? You end up paying what you want of them. They will do about anything you ask them to do as long as you pay them. Which by the way may be for each email, phone call or message left...

All in all, have your definitions in place and make them realistic. You may be surprised that you may not need a lawyer for all things. I used ours just as a tool and another contractor. Others may use them as reference and security. Just know your definitions...
Former HOA President
EmilyB2 (Arizona)
Posts: 40
Posted:
How much money should a board estimate would cost in this process of finding an attorney?

Thanks.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Helen,

I believe that for an Association it's more important to look at the firm as a whole rather than one specific attorney within the firm. Association's have to deal with property issues, corporate issues and contract issues. Therefore, the firm should have a good team for each of those areas.

We have our attorney as our registered agent which we pay a yearly fee for ($175).
All other work done, if any, is billed at an hourly rate.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement