Attorney/BOD Communication

Started by JosephV1 • 4 replies • 1493 views

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JosephV1 (Washington)
Posts: 5

Posted:

I am the President of my HOA. We have hired and attorney to look into two matters for us. One matter is related to property that the HOA owns that we would like to absolve ownership of. A committee was also formed to work with the Attorney depending on what advice they give us. This land issue has caused considerable strain on the HOA and there is a very vocal minority that is trying to subvert what the majority of the HOA wants to do. One of these owners is on this committee. There is also a BOD member on the committee.

As for the other matter, the BOD has asked the Attorney separate of the hillside issue to go over our minutes for all meetings held regarding this issue and our Articles and CCR's to make sure we are doing everything correctly and to the letter of the governing documents.

The owner on the committee has informed the BOD that he is taking control of the committee and will be contacting the Attorney to make sure he is getting any and all copies of information regarding the hillside issue as well as any and all other inquiries from any and all members of the BOD/homeowners relating to all matters of the HOA.

Outside of the hillside issue that he is on the committee for, does this person have any right to be demanding copies from the attorney of all communication between the BOD and the attorney relating to HOA matters other than the hillside issue?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Joseph,

There are many reasons why there should be a limited number of people authorized to discuss things with an attorney. The largest being that the Attorney will charge you for all the time spent in these discussion, the time spent researching and even the time spent having someone copy information. If contact isn't limited, the Association can have a larger legal expense then expected.

Based on your post,it does sound like the Board authorized the committee to be in contact with the lawyer. Did the Board identify who was to be that contact?

If they did not, I would strongly recommend that the board specifies that only the committee chair be the contact for the committee. Then either appoint the chair or allow the committee to elect one.

The lawyer works for the Association. The Board is the voice of the Association. If there needs to be a clarification of what issues are or are not to be discussed with the attorney, then the Board needs to inform the attorney of the Boards clarification.

Tim

JonD1
Posts: 2,350

Posted:

NO

But your problem is you seem to have little leadership on the Board.

When a member of one committe starts telling you what they are going to do and everyone sits back and does nothing. As a non-elected member of the governing body.

If they overstep their boundaries they would be removed with their head spinning.

But that would take someone taking a leadership role.

But they are running the property not the Baord right????

And you attoreny is going along with that??????

Problem #2.

JosephV1 (Washington)
Posts: 5

Posted:

The committee was formed and the board member on the committee was directed to contact the attorney. When the committee was formed it was specified what their role was to be. The committee itself has not met to decided who will be the point man for them. The attorney at this point is still getting background information regarding the issue so there has no been any information to relay to the committee as of yet. The attorney has specified that they want one point of contact for the hillside issue and one point of contact for the board issues. Since the board member is on the committee the attorney has requested the board member be the main point of contact. Having sat back and digested this further I am no longer concerned. My post was a little premature. I was concerned about the owner demanding to be copied all communication between the board and the attorney regarding HOA inquiries other than the hillside issue. Since this person is not an elected board member I am no longer concerned about this. The attorney and the rest of the committee be setting this person straight shortly. Again, sorry for the premature post.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Geez - I see a conflict of interest here. A committee member making decisions on his own case? Acting as the point man and lawyer contact? Shame on the lawyer for not seeing this.

Work to wrestle this entire issue away from this committee. Appoint an ad hoc committee, if necessary, or ask this guy to recluse himself from this issue.

You have the fox overseeing decisions about the hen house.

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