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LarryB24 (Florida)
Posts: 2
Posted:
Our HOA currently has an ineffective attorney representing us. We are looking to replace her with a more aggressive one. We are located in Cocoa, Florida, and would appreciate any suggestions of a replacement. Preferably in the local area.
SheliaH (Indiana)
Posts: 6,964
Posted:
The posting rules don't allow the use of actual business names (or law practices in this case). so unless someone sends you a private message with a name, we'll have to deal in generalities.

To find someone, you may want to start with your local bar association for some names - make sure you specify you're interested in folks who specialize in HOA law - it has nuances a garden variety real estate or corporate attorney might not be familiar with. Ask for references and CHECK them, and when you meet with prospective firms, don't be afraid to pick their brains. You don't want to ask "what would you do" in specific cases (unless you want to pay right then and there), but you should get an overview of how he/she works with HOAs. For example, do they provide training to the board on specific issues, such as rule enforcement? If so, how often, and how much does that cost?

Will the attorney be willing to designate X number of hours where a designated contact from the Board can call or email with questions? How can the Board manage that so people are running to him or her at the drop of a hat? For example, my board had a designated contact AND we usually voted whether to contact the attorney about something particularly thorny.

Oh, yeah, get a schedule of fees so you'll know exactly how much it'll cost to get a question answered, a letter sent, documents filed in court, etc.,

You also said you feel your current attorney isn't aggressive enough - what does that mean? Is he/she too mild when it comes to collections? Has the attorney given you advice that really is correct, but the board simply doesn't want to accept it or doesn't realize how much they might put out in legal fees to make a point? Think about that seriously - maybe your attorney is doing exactly what he/she should be doing within the parameters of current law and your documents.

Finally, give your current attorney a chance to keep the business - if you haven't already done so, you need to have a sit down and discuss your concerns. If there's a misunderstanding about what he can and can't do vs. what you want (and what you're willing to pay fot), it may be a matter of clearing things up. If you've tried that without sucess, go on and look for another attorney. You don't have to tell him or her, but you need to have a transition plan established so you and the new attorney will get your documents turned over in a timely and complete manner, along with an update on what's happening with whatever case is currently in litigation.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
NpS (Pennsylvania)
Posts: 4,216
Posted:
Try searching martindale.com
You can filter by location and area of practice (homeowners association law)

Sikubali jukumu. Read all posts at your own risk.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What are you using the lawyer for? May need to re-define the relationship with your attorney. A HOA violations should be handled by the board not necessarily a lawyer. A lawyer is for liens/foreclosure and court appearances. Advice and violation letters are optional.

So not sure what your using your lawyer for. It may not really be in their scope.

Former HOA President
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By MelissaP1 on 05/24/2019 7:40 PM
What are you using the lawyer for? May need to re-define the relationship with your attorney. A HOA violations should be handled by the board not necessarily a lawyer. A lawyer is for liens/foreclosure and court appearances. Advice and violation letters are optional.

So not sure what your using your lawyer for. It may not really be in their scope.

You should do more research....A LOT MORE.
JohnS111 (New York)
Posts: 228
Posted:
Ask lawyers for recommendations.

There are plenty of incompetent lawyers who charm and thus are considered to be good by nonlawyers, but who lawyers consider bad. Avoid that type.
LarryB24 (Florida)
Posts: 2
Posted:
Our current attorney is located in Titusville, FL, which is about 30 minute trip for us. We want to get one closer to us. We have need of the attorney to take action against residents who are failing to pay HOA assessments, to advise the board and assist us in revising our covenants, and to appear in court if needed. We are a small HOA, with 20 single family homes and 60 townhouses. We have limited facilities and are in the process trying to enhance area (new landscaper, new irrigation company, fencing in the perimeter, etc.).

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