Individual Directors and/or Property Managers are not a Substitute for HOA Lawyers

Frequently, in an effort to contain the cost of legal representation, HOA directors will avoid consulting experienced HOA lawyers and make important decisions that are based upon the input of an apparent knowledgeable or assertive, self-confident board member, or the association’s retained property manager. While volunteer directors and property managers who are not licensed to practice law are invaluable to the operations of a homeowners association, they cannot be relied upon for the expertise that is provided by an experienced, licensed attorney. In fact, state laws prohibit the “practice of law” by unlicensed people. The question thus becomes, “What constitutes the practice of law” ?