Associations are in a position of power to decide whether they need to have a Lawyer or not. The biggest mistake is choosing not to have one, because a lawyer is the most important person when it comes to handling legal frameworks of a community. There are basic protections which when overlooked can lead to serious damages and loss to the Association, and it’s where a lawyer will come in handy.
When dealing with vendors, contracts, and agreements signed during this period determine how safe a HOA association is when breakages or losses happen during service delivery. Having a lawyer can help ensure an association is covered when a unit owner decides to sue them for losses incurred. A lawyer will also determine the eligibility of a vendor in terms of being licensed, registered, and adequately insured, before engaging them into the work.
A lawyer understands better the need for an indemnification provision for your community HOA. This covers both the association and lawyer fees in case terms of the contract signed are not met by a service provider. If the contract does not allow the prevailing party to recover in litigation of either HOA or lawyer’s fee, then the association has to carry out that burden.
The legal terms of engagement between a HOA and service provider are handled well by a lawyer. They know which references to check in a contract, the limitations and conditions, guarantees and warranties issued on service to be provided. In terms of contract reviews and signatures, getting services from the experts saves a community HOA a lot of headache and legal cases in future.
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