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KellyC6 (Virginia)
Posts: 37
Posted:
As a Board President, I need legal advice but can't get. I am constrained from consulting our HOA attorney without getting the expense authorized via a vote at an open board meeting. In addition, if I don't have consensus from the board about the subject matter, I can't proceed no matter what.

On my own, I found and met with an attorney who had 23 years experience in Association law and paid out of pocket for an hour of his time, but then when I had follow-up questions he refused to return my calls. I cold-called another reputable attorney (15 years experience in Association law) and he did speak to me over the phone a couple of times for free (even though I offered to pay), but he too ended up "unavailable." I wanted to become a paying client and continue to ask advice, but this second attorney kept referring me back to our HOA attorney.

The problem is I desperately need to talk to an attorney in depth (and I am willing to pay out of my own pocket), but if I mention that I am a board President and there is already an attorney on retainer, I can't get anyone to talk to me.

Who do you go to when you don't trust your HOA attorney and need to double check that what he's telling you is right? If this were illness-related and I didn't trust the first doctor's opinion, I'd just go to a second doctor. What's the problem with doing something like that with an attorney?

P.S. I am not able to give details about the specific situation; it's too complicated and there's no way to describe it without breaking confidentiality -- hence the need to talk to a lawyer I can trust!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why do you think an attorney is necessary to talk to anyways? They aren't problem solvers...Probably why they aren't returning your calls. If you don't trust the lawyer you have now, why not shop around and get new bids? They are contractors just like your Management company would be.

Your also facing the old "Brotherhood of Cops" issue by discussing your distrust of another attorney WITH other attorneys? What do you think the other attorney is going to advise? They aren't going to turn another attorney in or turn against one they don't know...

My recommendation. Look for those "Free" sites out there. You may be able to contact the Bar association and ask them for a good resource for information. Our area has a "Law advice" show on TV. Callers can call in with their questions.

I think your misplacing where you want your advice to come from. Plus it sounds like a smart BOD to limit contact with the HOA's attorney. A HOA's attorney is JUST for representing the HOA in court NOT a personal question taker. It costs money to contact them which costs the HOA. Plus the attorney represent ALL the members NOT just you even if you are president.

The Web is a wonderful thing...You can look up your questions and there are resources out there. They aren't always 100% accurate but they are out there. Somebody here may send you in the right direction for your own research.


Former HOA President
SusanW1 (Michigan)
Posts: 5,202
Posted:
Kelly - discussions with an attorney should be few and far between for an HOA. They should be very specific and all discussion comes back to the board with a report. So I'm not sure why you feel that you "desparatley" need to talk to an attorney.

Your documents should answer ALL your questions as to the power the president has, including the approval of legal fees. There is also a lot of help on the web about running a board meetings, including parliamentary procedure. There are general job descriptions for HOA officers, too, listed.

Perhaps we can give some input into your issues that concern you.

You don't want to get the reputation of being a lawyer hopper. (You know they all talk to each other, right?)
RogerB (Colorado)
Posts: 5,067
Posted:
Kelly, I believe theft, fraud, and knowingly doing wrong would constitute legal jeopardy. But I'm sure your question goes much deeper since you have already consulted with two attorneys. I would suggest two things:
1) Make sure the association has D&O insurance and if it doesn't then resign from the Board.
2) If there is adequate D&O insurance and you know what constitutes theft and fraud, then I emphasize the word KNOWINGLY in the cateogory of wrongdoing. The key is to act in good faith; and take actions which have been approved by the Board and documented in the Board's minutes.
JeanneK3 (Maryland)
Posts: 562
Posted:
Kelly:
What you have experienced is the reluctance of association attorneys to work for an individual client. Attorneys make money by representing associations so they don't want to risk a lucrative contract with an association by taking on an individual case. Your question can probably be answered by any attorney so you might try an attorney who deals with consumer protection issues.
Jeanne

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