Retained Counsel

HOA boards face a myriad list of legal challenges.  These issues can include dues collection, corporate governance, restriction enforcement, elections, insurance, property disputes and third-party vendor matters. However, retained legal counsel can ensure that these issues do not overwhelm the Board of Directors.

At Vaughn & Smith, we often act as retained counsel for an HOA.  However, the term retained counsel does not mean that you have to pay us in advance of the services we render.  It just means that when a legal matter arises, we are your first call.

Acting as your retained counsel allows us to learn about your HOA and how we can best work with you.  This relationship, borne of trust, will enable us to focus on the smooth and efficient representation for which we have become known.

What can you expect from us?

• Clear and concise legal opinions. No wishy-washy recommendations.  If you ask our opinion, we will give it; In writing.
• Firm but fair collection efforts. We will work with your members who may have fallen behind on their dues, but we will not let them avoid their obligations to the whole community’s well-being.
• A team of attorneys that ensures constant availability. If you have ever waited days or even weeks for your legal counsel to call you back, then you have not worked with us.  We are ready to respond quickly and with the competence you require.
• We regularly update our clients about developments that may affect their HOA.  We also provide education and seminars to Boards, free of charge, to help new and existing members embrace their roles and learn all of the best practices.

Dues and Assessment Collection

At Vaughn & Smith, we offer an advanced legal services matrix that ensures the maximum collection of your association’s receivables.  These include, but are not limited to, the following:

Education

• We offer free educational seminars to your Board of Directors on best practices related to collecting receivables.
• We send you regular updates about industry-wide improvements in the collection of association receivables.

Governing Document Review

• We offer a governing document review “Report Card” service that can help you update the HOA and its ability to collect outstanding receivables.
• We monitor what is and what is not working for your HOA, so we adjust your governing documents to meet your specific needs.

Pre-Litigation Collection Methods

• We prepare set directions for you to follow when you are compelled to address a member’s delinquent account.
• We use our success-proven pre-lien letter to encourage your members to get current on their debt.
• We prepare and record your maintenance lien in a timely and efficient manner.

Litigation Collection Methods

• We can help you enforce the HOA’s lien rights in court, but at a cost that does not unduly burden the HOA or the member that bears the ultimate responsibility for payment.

Post-Judgment Collection Methods

• We will actively assist and guide you through the post-judgment enforcement and collection process, including any bankruptcy issues and claim filing that may arise.

We are not just paper-pushers.  We are here to recover the money your association is owed.

Litigation and Dispute Resolution

Vaughn & Smith has over forty years of combined legal experience in HOA litigation.  We pride ourselves in our courtroom skills and our knowledge of the particular problems facing an HOA.  However, first and foremost, we consider ourselves problem solvers.

The HOA Board of Directors acts as a steward of the HOA.  A Board should cure complex problems, not create them.  We want to help you do that.

If litigation does become necessary, be assured that you have an experienced and committed group of advocates in your corner.  Whether utilizing alternative dispute resolution methods or fighting for you in Court, Vaughn & Smith has your back.  We can assist you in any of the following matters:

• Enforcement of governing documents
• Dealing with difficult members
• Dues and assessment collection
• Election disputes
• Property damage disputes
• Contract disputes with third-party vendors
• Insurance claims

Governing documents creation, review and amendment

There are three types of governing documents that affect the day-to-day operations of an HOA and its members.  They are the following:

• Covenants, Condition & Restrictions (CC&Rs)-These are the recorded documents that bind together the separate properties contained in your HOA. Your CCRs are the primary source of the rights and obligations of each property owner and the HOA.
• Bylaws-If the CCR’s tell you “what” is covered, the bylaws tell you “how” to do it. These are the internal rules that establish how your HOA should be managed.
• Rules & Regulations-These often act as a catch-all for how members should work with each other. For example, a rule that states all HOA members have to exit the playground facilities before 9 pm.  The Rules and Regulations are subject to more frequent change than the CCRs and Bylaws.

At Vaughn & Smith, we can help you create, review, and amend any of the above.   Helping you address outdated or antiquated governing documents is one of our most utilized services.

Board of Director Education and Training

Almost every HOA Board of Directors consists of voluntary unpaid HOA members.  These individuals recognize the responsibilities and high standards required by their service, but they choose to serve their fellow HOA members anyway.

At Vaughn & Smith, we do not just serve your HOA’s legal needs.  We also help your HOA Board of Directors by offering free on-line educational seminars on HOA best practices.  We regularly provide your HOA updates about industry-wide improvements in collecting association receivables, HOA management, statutory compliance and member relations.

We feel your well-run, successful HOA reflects on our representation; We are in this together.