BB5 (Missouri)
Posts: 145
Posts: 145
Posted:
Who's interpretation of the bylaws would take presedence the board or an attorney ?
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JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
the board's ... you are free to challenge them via a lawsuit
RyanD1 (California)
Posts: 38
Posts: 38
Posted:
The Board's interpretation takes precedence over an attorney's. Technically, everything the attorney says to the Board of Directors is advise, and it is up to the Board to take the advise into consideration when making a decision.
MaryA1 (Arizona)
Posts: 388
Posts: 388
Posted:
BB5,
The answer to your question may be in your CCRs. Mine state that board has the authority to interpret the CCRs and I'm sure the same would apply to the bylaws.
I'm curious to know why you ask this question. Thx!
The answer to your question may be in your CCRs. Mine state that board has the authority to interpret the CCRs and I'm sure the same would apply to the bylaws.
I'm curious to know why you ask this question. Thx!
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Mary,
Do you get the feeling that there is not an agreement between the Board and the lawyer? That is scarey because the purpose of the association having a lawyer is to help interpret the documents.
BB5, why don't you give us a shot at an interpretation?
MaryA1 (Arizona)
Posts: 388
Posts: 388
Posted:
Donna,'
My thoughts exactly! However, as we all know, not all boards take the advice of their attorney, but they sure like to blame the attorney when something goes wrong! On the flip side, attorneys are not always right. Several years ago our attorney at the time incorrectly interpreted a new state law having to do with allowing nominations from the floor at the annual meeting. When I asked the PM about it she said the attorney said it was allowed. So I just let it drop. At the next year's annual meeting the Pres announced nominations from the floor were no longer allowed per the new law.
My thoughts exactly! However, as we all know, not all boards take the advice of their attorney, but they sure like to blame the attorney when something goes wrong! On the flip side, attorneys are not always right. Several years ago our attorney at the time incorrectly interpreted a new state law having to do with allowing nominations from the floor at the annual meeting. When I asked the PM about it she said the attorney said it was allowed. So I just let it drop. At the next year's annual meeting the Pres announced nominations from the floor were no longer allowed per the new law.
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