Letter from homeowners attorney

We recently rec'd a letter from our most vocal homeowner thru an attorney. This homeowner complains but does little to nothing to help. Her first words out of her mouth when she bought the home and was told dues were going to increase was "well, I'd never bought in here if I'd known my dues were going to increase" and then said she would consider volunteering to be an officer, but I won't enforce the rules. All this without ever having read the CCR's, by-law, rules or even ever owing in a HOA. This person is in her mid 60's and has owed several homes prior to purchasing this one.

This letter was 6 pages long!! It outlines all the issues she has with one of the board members because she refuses to communicate with the board members, even though we have tried several times to open communications. She has said she won't come to meetings unless "I get fined for not coming". Her comments to other owners who have tried to get her to sit down with the board is "I've done nothing wrong". She recently interferred with the termination of the mgmt company and was fined for costs the HOA had to incurr against the mgmt company who refused to provide financial records to the association after termination.

Now tell us why if she wants to open communication with the board, would she spend the time, money and effort to have the attorney send a 6 page letter? All it contains is her rants about everything that she doesn't like about the HOA but the attorney also says things like she wants to improve relationships and that the letter is not intended to complain or be accusatory. Real hard not to take it that way. There are quite a few things that are incorrect and flat out not true.

The letter does not ask for a response in any way, nor was a copy sent to the HOA attorney, so it basically is just a bunch of fluff! We plan to respond to each item in memo to the HOA file only. At the next Board meeting should it be addressed? Keep in mind it was only sent to one board member.

Your thoughts and opinions?

She paid an attorney to write up her compaints on his letterhead.

Ignore it.

In fact, ignore her altogether. She has one vote.

‘At the next Board meeting should it be addressed? Keep in mind it was only sent to one board member.’

Yes, I think the Board should address it even though she sent her letter to only one Board member. You did not say to whom the letter was addressed. Why not?

Was not there anything positive in her suggestions? You seem to bashing her as much as she is bashing you and that I do not like. Yes, she may be wrong – or even emotionally unstable- but clearly she has some concerns you seem to dismiss in a hurry. You know, I believe there are always two sides of the story. And, I do think she has her rights what ever they may be. Ignoring her may not be the most polite thing to do.

Do not ignore the letter!

Draft a response addressing each issue one by one. Then have your attorney review the response and make suggestions. Then, after making changes your attorney advises, send the responce to her attorney.

If the member has a friend who is an attorney willing to assist or if the member is paying a lawyer to assist, the issues have now gone into potential litigation (based on receiving a letter from an attorney) and you need to treat it as such.

Yes, I agree it sounds stupid to have to pay your attorney to review the boards response. However, you also need to make sure that you don't inadvertently do something to make the issue worse than it is.

I am not saying to dismiss this letter at all. I am saying address it in a manner of which is professional and open. That is to say, let people know that sending letters to the HOA is NOT "backdoor" business. (Unless it's truly a sensitive legal matter). If you send a letter to the BOARD, then the board has to address it in their meetings. Since most board meetings are OPEN meetings, then expect the letter to be addressed in front of everyone.

Your HOA may want to use an attorney to address the response letter, but isn't always necessary to do so. It's a good idea but then you can easily diverge yourselves into the endless legal loop and expense of nothing. This is why I made this change in our HOA. If someone had an idea or wanted to address something, I told them come to the board meeting if you want that to happen. If not, then expect it not to happen or your letter to be read to everyone. It became pretty much understood if you wanted something done in the HOA, you had to be involved in the HOA to have it done. Letters from attorney's were all treated the same way. We didn't keep it a secret from the membership and responses given by the majority sentiment of what was discussed.

Tim has the best advice in my opinion, draft a response to her letter, have it reviewed and sent to her attorney. You don't ignore letters from attorneys unless you like to get served with papers. I don't think reading this letter in open meeting is appropriate. If the lady wants to act like a kid let her, the board needs to be professional and the adult in this situation.

I would be irate if I'm a dues payer and my dues money is being spent to have an attorney draft a response letter to a woman who WILL NOT speak with the board or show any inclination of good-faith communication. I can support good drama but there's a limit, like when it costs unnecessary expenditure of HOA funds - which I'm betting are not in abundance.

Invite this woman to speak on the record at a regular called board meeting. Then her grievances, if they're legitimate, can be noted for the record and addressed by the board. Anything more than that - as Step One - is expensive overkill. This person wants attention. Show her a little and avoid having your content HOA members subsidize craziness.

I would be irate if I'm a dues payer and my dues money is being spent to have an attorney draft a response letter to a woman who WILL NOT speak with the board or show any inclination of good-faith communication. I can support good drama but there's a limit, like when it costs unnecessary expenditure of HOA funds - which I'm betting are not in abundance.

Invite this woman to speak on the record at a regular called board meeting. Then her grievances, if they're legitimate, can be noted for the record and addressed by the board. Anything more than that - as Step One - is expensive overkill. This person wants attention. Show her a little and avoid having your content HOA members subsidize craziness.

I believe in some cases a lawyer is necessary. I belive this may be one of those cases. We are fortunate to have a lawyer on the Board. Although I know we could not us her as our lawyer if we were ever sued. But she does give good advise.

Melissa,

This letter was not addressed to the HOA, it was sent to one Board Member only and it definitely targeted to this one Board member. "I have been contacted by ... who perceives that communication between the two of your has been very difficult and hopes that an outside opinion regarding the manner in which disagreements have arisen might be helpful to avoid problems and make living in the same neighborhood with one another more pleasant for both of you going forward."

The issue is this person perception is that this one board member is the cause of all her misunderstanding and drama. This Board member is the only one who will stand up to her so it was directed at this Board member only.

I have worked with attorneys for 35 years and I know what they do. I also know this attorney who sent the letter and if this homeowner wanted to spend the money to have him draft the letter to one Board member and not the entire HOA Board, so be it. The Board feels they do not have to justify by responding. She had burden of proof if she wants to file a lawsuit let her.