What is the role of an HOA attorney?

An HOA attorney is someone who is specifically qualified to provide legal advice and services to homeowners associations (HOAs) in California. They are responsible for helping the board of directors of the HOA to understand and adhere to HOA laws, as well as any state or local laws that may apply. The role of an HOA attorney is to advise the board on all legal matters, including those related to the HOA’s organizational structure, covenant enforcement, collections, contract preparation, bidding, finances, and construction disputes. The attorney is responsible for representing the board and the HOA in court proceedings, as well as in any other legal proceedings that may arise. They are also responsible for providing the Board with legal advice, preparing draft contracts, offering guidance in complicated cases, and performing due diligence on projects within the HOA’s purview. Additionally, they are expected to provide guidance to the board regarding all legal matters, assist with dispute resolution, and ensure compliance with state laws. Finally, they must help facilitate negotiations with outside parties, and review documents and contracts to ensure they are in compliance with HOA laws.

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