searchng for new attorneys

Started by GloriaL • 6 replies • 1387 views

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GloriaL (Georgia)
Posts: 195

Posted:

Our HOA is in Milton, GA, just north of Alpharetta. We are very small, 27 single family homes, self-managed. Our predicament is with our attorneys, who we pay a $1,000 yearly retainer, on a "pay when they collect" schedule, reduced hourly rates, free unlimited phone advice. Sounds good, doesn't it, but it seems not to be working that way. We keep getting billed for administrative fees and other fees, no return phone calls, little advice without another bill attached. Our small HOA and even smaller budget is getting nickled and dimed to death, and we have still had no luck collecting on two delinquent HO's.

At our last BOD Meeting, the subject of searching for new attorneys, who also specialize in HOA (as the current one does) was discussed. I thought this forum may be able to offer the names of some attorneys in our area who other HOA's are ACTUALLY PLEASED WITH and can recommend.

If anyone in the northeast Atlanta area can recommend the name of a law firm which they use and are relatively happy with, please let me know.

It seems that very little comes easily in an HOA.
Thanks,
GloriaL

LarryK1 (Washington)
Posts: 32

Posted:

GloriaL,

Per the poting rules for this forum, posters are generally not allowed to mention the names of any commercial entities, such as the names of law firms. Hence, you shouldn't expect a response on the forum.

CarolH2 (Georgia)
Posts: 33

Posted:

Gloria,

We had the exact same problem with an Attorney our neighborhood retained. Wondering if it is the same attorney!?!?!?

GloriaL (Georgia)
Posts: 195

Posted:

Larry,

Thank you for making me aware that the forum rules prohibit posting names.
Oh, well, I guess we'll have to search other communities first. I just thought this forum is such a good resource of info, I might find some direction.

Thank you all anyway.
Gloria

SheliaH (Indiana)
Posts: 6,964

Posted:

We're currently looking for a collection attorney for our HOA - we currently have a good attorney, but in recent years, we've become concerned about the amount of legal fees vs. the rate of return for delinquencies, and have decided we should try a collection attorney with more resources (we plan to keep the other one for other Association business like CCR enforcement).

Our HOA has 156 homes (we have a management company) and have gotten some references from them. We're also members of the local CAI (Community Association Institute) and have picked up business cards of other law firms at their annual meeting.

You can also Google collection or HOA attorneys in your area to come up with a listing. Be sure you get someone who has experience in dealing with HOAs.

Once you get some names, you'll want to sit down with them and have an interview of sorts before making a decision. See what you get if you pay a retainer vs. a pay as you go arrangement. Perhaps some of the work you're paying for can be subcontracted out for a lower fee (e.g. a paralegal could do title research for you, saving time and money in the attorney fees).

Of course, you'll also want to ask for references and check them. Once you've narrowed down your selections, perhaps you can test the attorney by giving him or her a few cases to start with and see how it goes. If sucessful, add more accounts as needed. Hope this helps!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnO6 (Georgia)
Posts: 424

Posted:

Quote:

Posted By GloriaL on 09/27/2009 1:36 PM
Our HOA is in Milton, GA, just north of Alpharetta. We are very small, 27 single family homes, self-managed. Our predicament is with our attorneys, who we pay a $1,000 yearly retainer, on a "pay when they collect" schedule, reduced hourly rates, free unlimited phone advice. Sounds good, doesn't it, but it seems not to be working that way. We keep getting billed for administrative fees and other fees, no return phone calls, little advice without another bill attached. Our small HOA and even smaller budget is getting nickled and dimed to death, and we have still had no luck collecting on two delinquent HO's.

At our last BOD Meeting, the subject of searching for new attorneys, who also specialize in HOA (as the current one does) was discussed. I thought this forum may be able to offer the names of some attorneys in our area who other HOA's are ACTUALLY PLEASED WITH and can recommend.

If anyone in the northeast Atlanta area can recommend the name of a law firm which they use and are relatively happy with, please let me know.

It seems that very little comes easily in an HOA.
Thanks,
GloriaL

Gloria - Also being in metro Atlanta, I know the law firm you're referring to. Our neighborhood uses them, but is seriously considering changing - for some of the same reasons you cite.

Here's my perspective (although others may disagree):

Law firms specializing in Community Association practice typically have two major areas of focus - one being collections, and the other being legal issues somewhat specific to community association living such as governing document interpretation, amending documents, enforcing both CCRs and by-laws, creating rules & regulations (if allowed) etc, etc, etc.

There is nothing that says that the same company or firm needs to do both - in fact, it appears that many law firms engaged in HOA practice, offer discounted or deferred collections fees as an enticement to garner the entire business of the HOA.

Other than just a couple of nuances specific to HOAs, the collections practice isn't really much different than any other debt collection. As they say, "it ain't rocket surgery"

.. .. .. late notice x ?#, demand letter, file a lien, file suit, gain judgement, gain knowledge of assets, encumber/seize assets, etc.
If that's the primary area you're having trouble with, I would definitely seek alternatives.

Other than collections however, I WOULD suggest engaging a law firm that specializes in HOA practice if you need one. This specific area of law can be quite specialized and you need the advice of experienced attorneys who are not only familiar with the area, but are also up-to-date on recent case law in the state, etc.

GloriaL (Georgia)
Posts: 195

Posted:

John,

Our first contact with a law firm was with the large one who helped spearhead the GAPOA. They helped us get delinquent Dues on two Lots still owned by the developer. Then one of their attorney branched off and started his own firm, and we followed him...now we are all second guessing ourselves because we have been getting nickled and dimed to death, and still have not collected on this latest HO (who at first claimed they weren't part of the HOA, although they have been paying Dues before and participated/voted at our Annual Meetings). Our HOA is 27 homes and only about 8 years old.

So we are thinking of going back to the original large law firm.

I wonder if any HOA's who have attorneys living in their midst to help guide their legal direction fare any better. Or would it be a really, really, REALLY bad idea to ask for off the cuff legal advice? Me thinks, I'd tread softly in that quagmire.

Gloria

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