Attorney of Record

Started by AnneH • 5 replies • 1524 views

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AnneH (Arizona)
Posts: 11

Posted:

In Arizona, is it necessary for an HOA to have an 'attorney of record?'

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Most likely you only need an attorney to represent the HOA when/if it goes to court. I don't believe you need an attorney full-time or "on retainer". Most corporations must be represented by council when they appear in court. It's not always required if you have a competent board member and the board approves them to act on their behalf. However, not enough board members are familiar enough with the law to represent.

Most HOA's are run by volunteers only. If these volunteers aren't competent enough or know the laws, I would keep an attorney close by.

Former HOA President

RogerB (Colorado)
Posts: 5,067

Posted:

Anne, you only need an attorney when you need representation at court.

RickR3 (California)
Posts: 42

Posted:

I would also have an Attorney review any changes to the governing documents. State laws change so often that you have to be very careful that your changes fit within the current law.

Rick

AnneH (Arizona)
Posts: 11

Posted:

Thanks, AnneH

AnneH (Arizona)
Posts: 11

Posted:

Thanks! AnneH

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