The legal needs of a homeowners association (HOA), condominium association, or other planned residential corporations are generally different than those of others involved in property law. The challenges and complexities of these legal cases often go beyond those of traditional real estate or landlord tenant litigation. When these occur, it is wise to turn to a real estate attorney who has experience with HOAs and their governing documents.
The rapid increase in the number of Americans’ living in a community governed by a homeowners association has meant a concomitant rise in the number of legal disputes. These legal disputes come in a variety of types and it is important to be prepared. Of course the first step to preparation is to have a set of solid, legally reviewed, and valid founding documents for your association. Ensuring that your covenants, conditions, and restrictions and all bylaws are legally valid and as focused and specific as possible is an important part of responsible association management. It also lessens the likelihood of legal dispute and makes enforcement easier.
What Homeowners Association Regulate
Vehicle parking, home repairs, common area maintenance, and noise levels are all issues that are generally addressed in the covenants, conditions, and restrictions documents of an association. Creating and enforcing these rules in a responsible, legal fashion requires expert knowledge of all state and local statues and case law. However, even with appropriate documentation, disputes do occur with homeowners and condominium associations and their residents. When they do, it is a wise course of action to have an attorney who is conversant with the complexities of this type of real estate law.
Insurance of public areas is another task that associations must undertake. In order to protect the interests of all residents, associations have a duty to acquire appropriate insurance. Knowing what levels of insurance are required often calls for legal advice. Engaging a law firm with homeowners or condominium association experience is vital. Liability insurance is also key for HOA employees to ensure that all parties are appropriately covered.
A Real Estate Lawyer Can Help
Our attorneys provide general legal services, counseling, and litigation assistance to homeowners associations, condominiums, planned communities, and property management companies throughout Southeastern Pennsylvania. We handle a full range of issues for our planned community clients, including, the preparation of governing documents, amendments and revisions, covenant enforcement, fair housing amendment violation claims and assessment collection. We provide competent, experienced litigation representation at every level—from administrative forums to federal court.