Serving Waukegan, Libertyville, Lake County, Gurnee & nearby areas of Illinois
Posted: February 27, 2014
Homeowners associations (HOA) exist for the benefit of homeowners who live in the communities they manage. Our firm has experience representing both the homeowners and the association when issues or disputes arise.
When an HOA is formed, legal documents must be drafted. The most important of these documents are the bylaws and the covenants, conditions, and restrictions. Since all homeowners and the HOA are legally bound by these documents, an attorney should draft them so they are as clear as possible and to help minimize problems which could arise in the future. An attorney should also get involved anytime the bylaws or CC&R are amended to make sure the proper legal procedures are followed.
HOAs often hire an attorney to collect outstanding fees and assessments from certain homeowners. This is unfortunate, but sometimes necessary. Having an attorney enforce collections increases the likelihood of success, since a lawyer will know the procedures for obtaining court judgments and liens. When a few homeowners fail to pay their fair shares, a greater financial burden ultimately falls on the community.
The law surrounding HOAs is complicated. Plus, the facts of each case are unique. Contact us if you need assistance with an HOA issue.