Why Your HOA Needs A Lawyer Even When An Insurance Company Is Handling A Claim

HOA Needs A Lawyer

Why Your HOA Needs A Lawyer Even When An Insurance Company Is Handling A Claim

We’ve all heard the old axioms:

  • An ounce of prevention is worth a pound of cure.
  • No use closing the gate once the horse is out.
  • A stitch in time saves nine.

No matter the wording, the message remains the same. Do not wait for damages to occur and then seek solutions. And this sound advice applies to organizations of all types and stripes, especially HOAs. Even when insurance companies are involved on their behalf.

While we all know that prevention is usually better than cures, believe us, by the time a claim is filed with an HOA’s insurance company, there is already a level of “disease,” as in dis-ease, of some type in store for homeowners. Dis-ease can run the gamut from benign disgruntlement and complaining from residents to mortal legal entanglements and added assessments. For sure there could be unintended consequences and increased insurance premiums.

You see insurance companies are operational businesses and like any other, their first allegiance is to their own survival and economic efficiency. Accordingly, their aims and goals might drift away from an HOA’s better intentions and interests. Insurance companies have established experiences, patterns, partnerships, and ways of doing business that tint and constrict their fields of vision. And while it can be said that much of what they see in real estate and homeowners’ associations is similar, it’s the fine nuances, the unpredictable elements, and the opposition’s will to fight that often creates the most heartaches.

HOAs have to maintain their ongoing responsibilities to their communities, their sterling reputations, and the goodwill of governmental agencies, public services, and other private entities they interact with or rely upon. In certain situations, insurance companies may have a “one and done” mentality. They will often be interested in getting the current issue resolved and are reluctant to take a longer view like that of the HOA. Attorneys who specialize in HOAs know this and stay resolved to doing the right thing as opposed to the most expedient.

Even the most competent HOA board or management company needs the services of an HOA attorney from time to time. It might be to review governing documents, collect assessments or fines, enforce CC&Rs (covenants, conditions, & restrictions), minimize risk, conform to governmental regulations, resolve disputes, thwart or file suit, address fair housing issues, and so much more.

Advocacy is important. An HOA that hires an attorney ensures such support. It protects the organization, minimizes risk, and saves money over the long run. Forward thinking HOAs actively solicit, review, and hire HOA attorneys before they need them because of an incident, accident, or dispute.

Isaacson Law specializes in HOAs. That means we help organize and form them; train board members; give day-to-day legal advice on issues; draft amend, and enforce governing documents; resolve disputes; and address construction defects, non-performance, or default.

Contact Isaacson Law today and find out just what we can do to help you. It’s free. It’s informative. And it’s done before you need it. Go online to or call 702.529-2559.


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