Top Reasons Homeowners Associations Need an Attorney 

 Posted on March 05, 2025 in Condominium & Homeowner Association Law

Homeowners associations have to deal with many facets of running the community, from disputes between residents, to compliance with applicable federal and state laws, to drafting and upholding community rules. Legal questions almost always come up from time to time, and the board may also have to draft legally binding documents. 

Having an HOA attorney on hand is crucial to protecting the community from legal issues, and can also lessen the burden on board members. Even small HOAs can benefit from the advice and counsel of an Illinois condominium and homeowner’s association attorney. 

Governing Document Drafting, Interpretation and Amendment

HOA governing documents include the articles of incorporation establishing the HOA, the bylaws outlining the HOA’s operations and rules, and the covenants, conditions, and restrictions specifying property use rules. HOAs need an experienced attorney to draft these documents and file them with the state of Illinois. When legal questions arise, the attorney will interpret the HOA’s documents and advise on the correct course of action. An attorney will also amend these documents as needed. 

Rule Enforcement and Assessment Collection 

Sometimes the HOA board needs to enforce rules when residents fail to abide by them. For example, a resident may be piling up trash on their balcony, failing to pay dues, or keeping a pet iguana farm on the premises – all actions likely to be in violation of HOA rules. The board will work to enforce the rules, but when it is unable to do so, an attorney may be called in to flex some legal muscle. Likewise, when a resident fails to pay their assessment, the HOA will need an attorney to advise it and represent it to collect payment or evict. 

Legal Consultation and Due Diligence

Given the many regulations and documents governing HOAs, and the disputes that can occur in a community, the HOA needs an attorney to advise it on the correct course of action when a legal issue arises. Likewise, the HOA should hire an attorney to ensure that it is complying with the law before any issues come up. 

Call an Arlington Heights Condominium and Homeowner Association Attorney 

Hiring an experienced Cook County, IL condominium and homeowner’s association attorney is essential to minimizing the HOA’s exposure to legal liability. The team at Dickler, Kahn, Slowikowski & Zavell, Ltd. has a strong HOA practice advising and representing HOAs. If you have any questions or need legal assistance with your HOA call our law firm for a consultation at 847-593-5595.