The Attorney’s Role in Community Associations: Navigating Rules, Elections, Collections, and Legal Challenges

Attorneys play an important role in supporting condominium, homeowner (HOA), and townhome community associations by providing legal expertise to board members and property managers. Since board members are often volunteers who may lack specialized legal knowledge, they can rely on their association attorney as a trusted resource to navigate association governance, legal compliance, and managing community challenges. Moreover, attorneys who specialize in community association representation can provide targeted expertise and a better understanding of the unique legal and operational issues associations face. Below are six areas where association attorneys assist with vendor agreements, contract review, owner disputes, and other legal concerns. Vendor Agreements and Contract Review One of the association attorney’s primary responsibilities is to assist with vendor agreements and contract review. From landscaping to maintenance and security services, vendor agreements are essential to the community’s administration. Attorneys ensure contracts are enforceable and protect the association’s interests. They can also negotiate terms and revise agreements, ensuring the association avoids liability pitfalls or unfavorable terms. Contract terms frequently reviewed by association attorneys include:

• Description of work – Attorneys review the scope of work to ensure it is clearly defined and avoids vague language that could lead to disputes.
• Timeline – Attorneys confirm that the contract includes clear start and completion dates, as well as potential provisions for delays or extensions.
• Payment terms – Attorneys ensure payment terms are detailed including due dates, amounts, and any penalties for late payments.
• Insurance – Attorneys verify that association vendors carry adequate insurance coverage (ex. liability, workers’ compensation) to minimize potential risks to the community.
• Indemnification – Attorneys review indemnification clauses to ensure vendors assume appropriate responsibility for claims or damages arising from their work, protecting the association from liability.
• Lien Waivers – Attorneys confirm that the contract includes provisions for lien waivers, ensuring the association is not held liable for unpaid subcontractors or suppliers.

Owner Disputes Attorneys help resolve owner disputes by advising on the association’s rights and obligations under the governing documents and applicable laws. This can involve a variety of issues including addressing noise complaints and property use violations (ex. running a business within the association, short term rentals). Rule Drafting and Enforcement Clear, enforceable rules are vital for maintaining order and consistency in a community association. Attorneys assist boards in drafting and enforcing rules that align with the association’s governing documents (ex. CC&Rs, bylaws) and applicable laws. Examples of potential community association rules include:

• Parking rules – Attorneys draft association parking rules that comply with ownership and accessibility laws while addressing common issues such as guest parking and improper vehicle storage.
• Pet restrictions – Attorneys draft rules regulating pet ownership such as limits on the number, size, or breed of pets while ensuring they align with fair housing laws.
• Noise restrictions – Attorneys draft rules defining acceptable noise levels and quiet hours within the community association.
• Short-term rental policies – Attorneys draft rules limiting or regulating short-term rentals to balance owner freedoms with community concerns, ensuring they comply with local laws and zoning ordinances.
• Architectural standards – Attorneys help create detailed guidelines for modifications, such as fencing, paint colors, or landscaping, ensuring they are consistent with governing documents and legally enforceable.
• Use of common areas – Attorneys draft rules governing the use of shared spaces, such as pools or clubhouses, to address liability concerns and ensure equitable access for all residents.

Meetings and Elections Attorneys can guide associations through meetings and elections to ensure compliance with governing documents and state laws. When it comes to elections, they can review candidate eligibility, oversee the voting process, and address proxy disputes. During association meetings (ex. annual meetings, executive sessions, owner forums), an attorney can provide advice on meeting agendas, quorum requirements, and record-keeping practices to ensure the board adheres to legal and procedural standards. In contentious meetings, attorneys can help de-escalate tensions and keep discussions focused on the association’s priorities. Legal Updates and Compliance Community associations must comply with a spectrum of laws on various levels including federal legislation, state laws, and municipal ordinances. For example, the Americans with Disabilities Act (ADA) at the federal level may require associations to make reasonable accommodations to ensure accessibility for individuals with disabilities (ex. modifying common areas or association policies). Staying compliant with the ever-changing legal landscape is essential. Attorneys keep board members informed about relevant legislative updates and ensure the association’s governing documents align with current regulations. Proactive guidance can minimize legal risks and help the association adapt to new requirements. Collection of Delinquent Assessments Delinquent assessments can disrupt an association’s financial health. Attorneys assist with collection efforts by sending demand letters, setting up approved repayment plans, and initiating legal proceedings to recover unpaid amounts. They can also draft a clear and comprehensive collection policy for the community, outlining the procedures for addressing delinquencies and ensuring consistent enforcement. Attorneys can confirm the collection policy aligns with the Fair Debt Collection Practices Act (FDCPA) that governs how associations can collect unpaid assessments, ensuring that collections are handled in a fair and lawful manner to avoid potential legal challenges. Registered Agent and Litigation A registered agent is an individual or entity designated to receive legal notices, such as lawsuits or subpoenas, on behalf of an organization. As the association’s registered agent, an attorney can promptly handle lawsuits and other legal notices within the required deadlines. Should litigation arise, attorneys provide representation, advise the board, and guide the association through the legal process to achieve the best possible outcome. Legal Resource Community association attorneys are valuable partners for board members and property managers in navigating legal issues. By ensuring vendor contracts are sound, owner disputes are addressed, and rules are effectively drafted/enforced, association attorneys are part of the professional team in a well-governed, legally sound community. Do not hesitate to contact our law firm if your association has questions about vendor contract review, rule enforcement, collecting delinquent assessments, drafting/updating association policies, or 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.