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RandalR (Tennessee)
Posts: 98
Posted:
Can someone tell me what area of law an HOA attorney would fall under? Our lawyer referral service can't seem to find an attorney that handles HOA issues. When we do get a referral the attorney doesn't seem to understand why we were given their name for the problems we're trying to have addressed.

Our Board started conducting their meetings in secret this year which is something we're trying to stop. We're also trying to force the Board to put an end to the practice of closing our pool from 5-7pm weekdays so "our" swim team can have evening practices. (Two thirds of the kids don't even live in our neighborhood and only one resident is even on the steering committee). We rely on outside memberships to offset operating expenses but customers join other pools when they find out we don't offer continuous evening hours.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The type of attorney you need is one that handles CONTRACTUAL law or corporate/business laws. NOT a Real Estate attorney. A HOA is a corporation and the CC&R's act much like a contract. Although it is involving property, it's really a contract amongst owners. There may be attorney's out there that specialize in HOA's but they may charge alot and hard to find. Many I know drop out handling HOA's after just a few cases. They can quickly burn an attorney out. Believe me, I went through 3 attorneys alone as president and I was only President for 3 years!

I will give fair warning: Suing your HOA is suing yourself and your neighbors. You most likely will be spending out money out both ends if you pursue. So be prepared. I don't recommend suing your HOA on an individual basis. However, if you have a small group of fellow interest owner's on your side, it may be a different story. Just make sure everyone pays their fair share in the representation or you will get stuck with the bill. (I did) The good news is that the legal bill can be tax deductible if it involves investment property. But that's a whole other post.

The HOA rules are to be created, maintained and abided by the owner's. There's no reason why a group of owner's can't get together and request a rules change. Most likely this will be to the By-laws and NOT the CC&R's in your case. The By-laws act more like the "daily rules" and just amongst the HOA. By-laws fall into the lines of things like "closing the pool at 10 pm."

One lawyer told me, that if the majority of homeowner's want a rule such as "no swimming between 3 - 7 pm" then that could suffice as the "rule". It could just be documented in the official meeting notes and qualifies it as a rule. Majority rules basically what it boils down to. I am telling you this tidbit just as a "heads up" of what to expect. I am NOT saying this is right or even legal. It's just something that you should be aware of as a possible angle from the opposing side. For every winning point you may have, there are always a losing point.

Former HOA President
JM2 (Oregon)
Posts: 439
Posted:
Hi Randall:

Check out your local CAI chapter for lawyers; http://www.caionline.org/about/aboutchap.cfm or check out their national referral service.

JPM
Jadedone4 (Virginia)
Posts: 495
Posted:
I agree "CAI" is a good resource, also are contacting local management company's (if you do not use one, they are listed in most business/yellow pages). Some might not readily point out firms, other may - your goal is to find that "niche" of practioners in your area who would fit your needs. Also in a "round-about" way look to whatever your state is, database on HOA's and suits filed, as that will usually show representing counsel.

Other resources that have assisted me...

http://lawyers.com/

http://www.ahrc.com/new/index.php/src/news

search for type of services, and your area...

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