A homeowner's association is a voluntary organization. However, once an individual purchases property within a specific community governed by an association, they automatically become members, and as a result, are expected to adhere to the guidelines established by the organization.

Unfortunately, the relationship between the resident and the association isn't always conflict-free. Yet, when conflicts do arise, the skill and expertise of an attorney can go a long way. Learn why your community needs an attorney to help handle your association affairs.

Legal Development of a Plan

Homeowners associations have a significant amount of flexibility in terms of how their plans are designed. The developers, owners, and operators of the community have the chance to create a community in a model that they desire. However, flexibility doesn't mean that there are no boundaries that exist. 

A resident association cannot be discriminatory in nature, on any level. A plan that is discriminatory is basically a lawsuit waiting to happen. Having an attorney on the team in the early stages is helpful because they can help you avoid a discrimination conflict by designing a plan that is within the terms of the law, and void this risk. 

Even if you have an established community with an association guideline already in place, an attorney is helpful because he or she can provide you with a clear, non-subjective, legal interpretation of the guidelines. 

Legal Enforcement

Even when the community plan is developed in-line with legal standards, conflicts must be handled properly. For example, if a resident violates a guideline, a move towards a shift eviction might not be an option on the immediate horizon. 

The resident might warrant a number of warnings, both written and verbal, fines, and other penalties before moving towards this step. There might even be guidelines for how you can communicate with the resident, such as through certified mail. 

Association guidelines include enforcement steps, and there is no room for skipping over certain steps. However, someone unfamiliar with the law might think this type of practice is okay, which could open the door to even more legal consequences for the association. An attorney will understand what is legal and what is not when it comes to enforcing guidelines. 

A homeowner's association without an attorney could face a number of issues. Consequently, it's wise to have a knowledgeable representative on your team. Contact a firm, like Sauro & Bergstrom, PLLC, to learn more about the services they're able to provide.