Hiring Legal Counsel For Your Homeowners Association

Serving on a Homeowners Association board can be time-consuming and at times stressful. There are many regulations and laws, including state and condo laws which the complex must abide by; it can be difficult to understand and comply with the various legal obligations. Moreover, since the condominium complex is made up of many different personalities, emotions can run high when you are addressing issues regarding people’s homes and their investments. It is always best to have legal counsel on board before problems arise, be prepared and do not wait till there are serious issues before hiring an attorney.

Competent legal advice from a Mexican attorney represents the condominium entity, not its board members,  manager, scrutinizers or the members of the association.

What to Look For When Hiring Legal Counsel

Hire a law firm that is established in the community with a good reputation who offers open communication.

Legal counsel that will work with your board to prevent and resolve conflicts before they end up in court.

Experienced Legal counsel well versed in the state laws and the condominium bylaws.

A law firm with an in-house accounting team, experienced in Mexico’s tax legislation and regulations. Compliance with tax laws is a vital factor for the HOA.

When will your HOA need a Lawyer?

• Setting up and maintaining a legal entity.
• Hold the assembly and create the agenda.
• Handling the fideicomisos (Trust)  
• Construction defects and guarantees with the developer.
• Land use and environmental issues.
• Matters of negotiation and legal assistance with matters such as foreclosures, taxes, and vendors.
• Architectural compliance and contractors.
• Legal action against the condo association from a 3rd party, supplier, employees or condo owners.
• Amendments to legal documents, the Bylaws, or the Articles of Incorporation.
• Notarizing and registering assembly minutes or amendments with the Public Registry.
• Mediation between homeowners or between owners and the administration.
• Interpretation of laws and legal documents.
• Mismanagement of funds.
• Insurance claims.
• Disputes related to voting and elections.

A Condominium Association will rely on legal counsel on many different occasions. It is imperative that the Board and Attorney maintain a close working relationship to protect the homeowner’s interests. For information about legal counsel and condo associations email contact@mexlaw.ca