Every community association needs legal advice from time to time. When the need for legal help comes up, it’s often urgent. One common mistake that many community associations encounter is duplicating attorney work resulting in high HOA legal costs for the exact same project.Too often, board members will meet and discuss an issue or project that they need to discuss with their attorney and will not appoint a board member to contact the attorney. Before they know it, all board members have contacted one or multiple attorneys for legal advice regarding the same exact issue. As a result, the association will have to pay twice the amount, if not more, for duplicative work on the same project.

Community association boards and management committees should appoint 1 to 2 individual board members that are authorized to speak with their attorney. This should be communicated to the attorney so she/he knows who is authorized to incur HOA legal costs.

These authorized individuals will have the duty of contacting the HOAs attorney if the board decides they need legal help, advice, or if they simply have a question regarding their governing documents. The attorney representing the association, should be aware of who the authorized individuals are.

By following this simple practice, community associations will save on attorney fees and will also save their attorney from doing the same project multiple times. Board members should communicate frequently and tell their fellow authorized board members what needs to be communicated to the attorney.

John Richards

John Richards

Partner (Guest Blogger) at Richards Law
John D. Richards III is the founding partner at Richards Law, a law firm dedicated to representing community associations and homeowner associations (HOAs) throughout the state of Utah. Mr. Richards is one of only a few attorneys in the United States to be admitted into the Community Associations Institute's (CAI) "College of Community Association Lawyers" in 2007. He is an experienced, highly regarded attorney focused on serving homeowner associations, condo associations, and owners of apartment buildings.
John Richards

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