Community association meetings serve as the backbone of a well-functioning condominium, homeowners (HOA), or townhome community associations. Meetings vary from annual meetings to executive sessions and homeowner forums. These meetings provide a structured forum for decision-making including financial planning, policy changes or owner disputes.

However, ensuring that meetings are conducted effectively, legally, and fairly can be a challenge. This is where an experienced community association attorney can play a critical role.

Legal counsel provides guidance to community association board members and property managers by ensuring compliance with federal laws, state laws, governing documents, and procedural requirements. Their presence helps mitigate risks, can assist in maintaining order, and ensure that board decisions align with the best interests of the community.

Below we explore seven ways attorneys contribute to successful association meetings.

1. Ensuring Legal Compliance

Community associations operate under a framework of governing documents, including bylaws, declarations, and state statutes. An attorney ensures that board meetings and decisions adhere to these legal requirements, reducing the risk of disputes or legal challenges. From proper meeting notifications to adherence to quorum requirements, legal counsel helps associations navigate the complexities of community governance.

2. Drafting & Reviewing Meeting Documents

Accuracy in association documentation is essential for transparency and legal protection. Attorneys assist with drafting and reviewing meeting materials, including:

• Agendas – Ensuring they are structured properly and cover necessary discussion points
• Resolutions – Helping draft legally sound policies and board decisions
• Meeting Minutes – Verifying that minutes accurately reflect discussions and actions taken and avoid unnecessarily information
• Rule Amendments – Ensuring that any changes to governing documents comply with applicable laws and are enforceable

3. Guiding the Board on Sensitive Issues

Not all discussions in association meetings are straightforward. Board members often face complex matters including:

• Contract negotiations with association vendors (ex. landscaper, snow removal)

• Litigation risks
• Owner disputes
• Enforcement of community rules

During executive sessions or board meetings, attorneys provide confidential and privileged legal advice to help the board navigate these issues. Their guidance ensures that decisions are made in the best legal interest of the association while minimizing liability exposure.

4. Maintaining Order & Fair Process

Community association meetings can sometimes become heated, especially when discussing controversial topics like special assessments, rule enforcement, or election disputes. By acting as a neutral authority, attorneys help meetings remain professional and productive.

An attorney’s presence can help maintain order by:

• Enforcing procedural rules and keeping discussions on track
• Preventing disruptions by ensuring homeowners follow established meeting guidelines
• Ensuring that due process is followed when handling rule violations or disputes

5. Advising on Voting & Elections

Election disputes are among the most common legal challenges community associations face. Legal counsel can ensure that election procedures align with the association’s governing documents and applicable state laws. Their role can include:

• Confirming candidate eligibility
• Verifying quorum requirements
• Reviewing proxy and absentee ballot procedures
• Ensuring fair and transparent election processes
• Addressing any challenges or disputes that arise before, during, or after elections

6. Providing Legal Perspectives on Board Decisions

The association’s board of directors must make important decisions that impact the community, including:

• Implementing new rules or amending existing policies
• Increasing assessments or imposing a special assessment
• Enforcing rules fairly and consistently
• Entering into vendor or contractor agreements

An attorney provides legal insight into these decisions, ensuring that they align with governing documents, state laws, and the association’s fiduciary responsibilities.

The association’s attorney can also review vendor contracts to ensure they comply with legal requirements, protect the association’s interests, and address potential liability. They can identify unfavorable terms (ex. overly broad indemnity clauses, inadequate termination provisions), and negotiate revisions to better safeguard the association.

7. Supporting Virtual & Hybrid Meetings

As virtual and hybrid meetings become more common, community associations must ensure that these remote meeting formats comply with legal requirements. Attorneys assist with:

• Verifying whether governing documents allow for virtual meetings
• Ensuring that notice provisions, quorum requirements, and voting procedures are met
• Advising on best practices for maintaining minutes and proper record-keeping

Legal Resource

An association attorney serves as both a legal advisor and key partner. They can help ensure community meetings run smoothly and legally by providing procedural compliance, mitigating risks, and resolving disputes.

For board members navigating legal concerns and governance challenges, consulting with an experienced community association attorney can provide clarity, structure, and protection for the association.

Do not hesitate to contact our law firm if your community association has questions regarding meetings, virtual meetings, updates to your governing document, other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2025 Kovitz Shifrin Nesbit, A Professional Corporation.