Many neighborhoods have homeowners' associations that serve vital neighborhood maintenance functions and often include many social functions for residents as well. Every homeowners' association must have bylaws, sometimes called indentures, that guide the trustees as well as residents. Trustees are usually elected by the residents and are almost always residents of the neighborhood themselves. Trustees make decisions on behalf of the homeowners' association.
St Charles County Attorney Mike Watkins has advised many a homeowners' association over his 30 plus years as a lawyer. He has represented both sides of a disagreement...that of the homeowners' association as well as individual residents.
Trustees of homeowner associations may need an attorney to provide fundamental legal advise or take specific legal action. Often trustees will seek an attorney when:
- A lein needs to be filed for non-payment of association assesments
- A boundary dispute occurs involving common ground
- An accident or injury is sustained on property/equipment owned by the association
- A resident files a lawsuit against the association or theatens such action
- The residents have voted to ammend or change the association bylaws (indentures)
- A contractor or other party has damaged association property
- The association wishes to acquire or divest of property
- The association wishes to file a law suit
Since most homeowners' association trustees do not have any legal background, it is a wise and prudent decision to consult with an attorney on decisions that have significant legal ramifications.
Contact HOA Attorney Mike Watkins to schedule a FREE Consultation to learn how the law applies to your specific HOA actions.
