HOA Attorney in KS

Started by VictorW • 4 replies • 2453 views

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VictorW (Kansas)
Posts: 14

Posted:

I am president of an 11 home HOA in Kansas. We all own 1/11 of the lake as represented by shares of stock. The board was notified by a new board member that her lawyer said we can't enforce any rules that go with the lake as they are written nor can we enforce the by-laws we have added. Our original documents left no mention of what to do when dues aren't paid or enforcement of rules. We have come up with our own by-law amendments to take care of these i.e.: for dues we will place a lien on shares as well as attaching HOA costs and for the rule violations we will revoke lake privileges &/or fines, but we want an expert HOA lawyer to make them legal. How do I find HOA experienced attorneys in the Wichita, Ks area?

WilliamT (Arizona)
Posts: 489

Posted:

The Community Associations Institute (CAI) may be able to help. The nearest chapter to you is in Colorado.

Here is a link to the attorney sponsors for the Denver chapter

http://www.hoa-colorado.org/www.hoa-colorado.org/link/association.com/service-directory~4839~246.htm

Perhaps one of them will be able to refer you to one in your area.

If no one on the forum knows any in your area, you could call some of the local community property management companies who should be able to refer you.

Bill

BradP (Kansas)
Posts: 2,640

Posted:

Victor:

First I wouldn't put too much stock in what a board member said, if it had been a written letter from her attorney that is a different story. Secondly, if you have followed your bylaws for amending your cc&r's and have filed with the proper muncipality you shouldn't have anything to worry about.

By the way, I can give you the contact info for the lawyer that wrote the bylaws and CC&R's for our HOA, he is in Wichita. Let me know if interested.

RogerB (Colorado)
Posts: 5,067

Posted:

Victor, if the lake is included in the association on the survey plat then the HOA Board is responsible to maintain this common area and can set up rules for its use. Otherwise it can not. Review your survey plat and your Declaration of CC&Rs. The Declaration should provide for setting up By-laws; provide for the authority of the Board; and provide for establishing rules and regulations. If necessary, your Declaration can be amended to provide the needed restrictions and create the authority to make and enforce rules and regulations.

VictorW (Kansas)
Posts: 14

Posted:

I would like that contact information. Also, is there such a thing as ethical guidelines for board members? We have one who constantly creates problems for the HOA. I feel a board member should be for our HOA instead of always trying to cause problems.

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