Attorney Client Privilege

Our HOA has been making changes to our procudure as far as violations and fines goes. They have consulted with our attorney, and the attorney has put together a legal paper with all the information and so fourth. HOWEVER, our BOD will not let the members see this, they say its attorney client privilege. This paper is between the HOA (BOD and members) and the attorney and I think I should be able to see this, but I could be wrong.

Any thoughts?

Heather,

The who, what and wheres of all documents are available to HOA members for review. Now, if the paper that the attorney has written concerns an individual or is pertaining to pending litigation or current legal issues against a member or members and there are names listed, then NO, you do not have the right to view those papers. (SEE BELOW)

What type of papers are these? Perhaps the Board is writtinig new procedures on how they want to fine and perhaps lein. Those papers will be available to the membership IF they need to be added to your documents as the members will need to approve them if they are to amend current docs.

720:303, 5.(1) "Notwithstanding the provisions of this paragraph, the following records shall not be accessible to members or parcel owners:

1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including, but not limited to, any record prepared by an association attorney or prepared at the attorney's express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative proceedings.

What has happened is that the BOD has not been placing fines and going after offenders. They have had a LOT of push back from the members and in doing so the BOD decided to redo the violation and fine schedule. Last month at the meeting their was a motion to check with a lawyer. and that is what we want to know... In our by-laws it states very clearly what the schedule is, why do they need an attorney for that? Plus it cost money for such a thing... They don't need a lawyer, just a backbone!!!

Anyway, I found this link I found pretty good...

http://www.floridacondohoalawblog.com/2010/06/articles/board-operations/is-the-attorneyclient-privilege-still-viable-for-floridas-condo-boards/

Thank for all your input
Heather

Nope, single family HOA.

But we have a pool, gated, and many other things that the HOA have to pay for, and our dues are going up by 20% next year becuase people not paying. Plus, our nieghborhood looks like crap, and nothing is getting done!!!

I would like to know what the lawyer has put out their, and what relationship the HOA, BOD, and the lawyer has with each other, its all very shady!!!

You said the board wanted to make changes in "violations and fines." They are consulting with an attorney. Good idea.

When the proposed changes come into play, there should be discussion at a board meeting. Just make sure that you are there for that.

What is it that makes you so uncomfortable about this whole process?

Heather:

The increase in your charges as you suggest is due to some not paying their share. Not some misconduct by the Board.

With the depressed economy many Boards are facing issues they have never had to deal with before. Some are not easy to deal with like non=payment of common charges. Just maybe your Board has enough to do right now or more than they can or should be able to handle.

I would agree before you make changes to any By-Laws you should consult an attorney. That is just good practice. There are many options legally some though may not be in the best interest of the property. Best to know the difference before you act.

I would suggest perhaps you wait to find out the details before you condemn the Board's actions. The members are just owners who have volunteered their time and in many cases doing the best they can to the best of their ability.

To now blame them for all that is wrong on your property ( and the property of many others) is misdirected IMO.

You might want to perhaps find a way to assist them and work with them rather than attack them when the detials are not yet out.

Good luck.