ShirleyC (California)
Posts: 117
Posts: 117
Posted:
Our HOA Board President gave her neighbor and friend power of attorney to talk to the Associations attorney regarding member CC&R compliance. Does this sound right to you?
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power of attorney to non board member
Started by ShirleyC • 11 replies • 2014 views
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SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Gave her permission or Power of Attorney (to act as an agent of the HOA)? There IS a difference.
IMHO - this should be been a motion with all board members agreeing.
IMHO - this should be been a motion with all board members agreeing.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
If this is the President's neighbor, wouldn't this make this person a MEMBER of the HOA? They wouldn't need Power of attorney to talk to the Attorney as the attorney should representing the HOA members already. The president may have given "Carte blanche" authority to this neighbor/friend. Which means they can talk to the attorney with backing of the HOA or representative of the HOA.
This may happen if the President lacks knowledge in certain area. This person may have a law background that has more of an understanding of what the lawyer is saying. This can save time and effort when dealing with legal issues. A person who doesn't understand the law enough, can cost more money because of their questions. A lawyer typically charges for each email, text, or phone call that comes into the office.
It may be a good thing they requested this person to represent and talk to the lawyer. Especially when a person may lack the ability to understand what is being told them. A lawyer could really run roughshot over someone. You can't expect the President to be knowledgeable in EVERY area the HOA deals with. They are ONLY volunteers...
This may happen if the President lacks knowledge in certain area. This person may have a law background that has more of an understanding of what the lawyer is saying. This can save time and effort when dealing with legal issues. A person who doesn't understand the law enough, can cost more money because of their questions. A lawyer typically charges for each email, text, or phone call that comes into the office.
It may be a good thing they requested this person to represent and talk to the lawyer. Especially when a person may lack the ability to understand what is being told them. A lawyer could really run roughshot over someone. You can't expect the President to be knowledgeable in EVERY area the HOA deals with. They are ONLY volunteers...
Former HOA President
ShirleyC (California)
Posts: 117
Posts: 117
Posted:
I mis-spoke. I had to go back and read the minutes. The board gave her permission to talk with the attorneys..........she is not on the board.
ShirleyC (California)
Posts: 117
Posts: 117
Posted:
I mis-spoke. I had to go back and read the minutes. The board gave her permission to talk with the attorneys..........she is not on the board.
ShirleyC (California)
Posts: 117
Posts: 117
Posted:
I mis-spoke. I had to go back and read the minutes. The board gave her permission to talk with the attorneys..........she is not on the board.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Shirley:
Yes a member can speak with attorney. The attorney is probably going clarify complying with a CCR rule is what I gather from what you posted.
Yes a member can speak with attorney. The attorney is probably going clarify complying with a CCR rule is what I gather from what you posted.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
That sounds okay to me if this person has a background that would be beneficial. My HOA had me represent them in court even though I no longer lived there. It involved something when I was President a few years back. Found out later the NEW President just didn't want to go to court. Especially when their LIES smacked them in the face about it...They had told everyone that I had stolen or kept ALL the records of the HOA when I left and that is why they changed things. Which was beyond untrue. The records were organized and kept in their clubhouse where they had been kept for over 20 years...and where they held the meetings...
It was funny when the hot pink folder with ALL the paperwork pertaining to the case showed up in the court room. I didn't have access to it because it was with ALL the HOA's records...The very records they insisted I had...Loved to have seen the look on their faces when they opened those boxes....
!
The HOA still years later continued to call me for advice on how to handle things legally. No longer a member or lived in the HOA. I just had the experience and knowledge they lacked completely. It was just out of courtesy of the other members that I would even participate NOT the board...
It was funny when the hot pink folder with ALL the paperwork pertaining to the case showed up in the court room. I didn't have access to it because it was with ALL the HOA's records...The very records they insisted I had...Loved to have seen the look on their faces when they opened those boxes....
! The HOA still years later continued to call me for advice on how to handle things legally. No longer a member or lived in the HOA. I just had the experience and knowledge they lacked completely. It was just out of courtesy of the other members that I would even participate NOT the board...
Former HOA President
ShirleyC (California)
Posts: 117
Posts: 117
Posted:
the woman that was given permission has no expertise at all. She is the person who initiated the complaint originally. Also, we have 14 units and have 3 homeowners threatened with lawsuits in the last six months.
thanks to all of you.....you helped me figure this thing out......other owners were saying she could not be appointed by the board to talk to attorneys. Now we have to go back to the initial complaint and I also feel that I as a homeowner can call the attorneys; which I will.
thanks to all of you.....you helped me figure this thing out......other owners were saying she could not be appointed by the board to talk to attorneys. Now we have to go back to the initial complaint and I also feel that I as a homeowner can call the attorneys; which I will.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Shirley:
Please keep in mind she followed proper procedure and approached the board who gave said permission. If you call without following proper procedure, potentially you could be billed for the attorneys time depending on your documents and state statutes.
I would recommend bringing to the board and requesting same benefit.
Please keep in mind she followed proper procedure and approached the board who gave said permission. If you call without following proper procedure, potentially you could be billed for the attorneys time depending on your documents and state statutes.
I would recommend bringing to the board and requesting same benefit.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Just make sure that everyone is clear on who pays when the meter is running.
Lawyers don't "just talk" to anyone about a legal issue.
Lawyers don't "just talk" to anyone about a legal issue.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Shirley:
I also should have described the reason behind why you need to go through the board as sometimes homeowners are not fully aware of why on certain situations.
An HOA board sometimes will hire an attorney to represent the HOA on various legal issues. Money is estimated and put into the annual budget for said services rendered. The board is the ultimate responsible party for the HOA and the money; therefore, if everyone in the association had cart-blanche to call the attorney the legal fees could be astronomical. Everything needs to go through the board so down the road they are not all of a sudden hit with many thousands of dollars in legal fees and which may not be budgeted.
I also should have described the reason behind why you need to go through the board as sometimes homeowners are not fully aware of why on certain situations.
An HOA board sometimes will hire an attorney to represent the HOA on various legal issues. Money is estimated and put into the annual budget for said services rendered. The board is the ultimate responsible party for the HOA and the money; therefore, if everyone in the association had cart-blanche to call the attorney the legal fees could be astronomical. Everything needs to go through the board so down the road they are not all of a sudden hit with many thousands of dollars in legal fees and which may not be budgeted.
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