Lawyers bill

Started by TomM15 • 6 replies • 1288 views

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TomM15 (South Carolina)
Posts: 8

Posted:

I challenged my HOA board on a legal issue. I met with the boards lawyer to produce my documents supporting my position and the meting took about 20 minutes. The boards lawyer issued an opinion suporting what I told the board. The Board sent me a bill for my portion of the lawyers visit, is this correct?

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

sounds correct to me. Did you have authority from lthe Board before you met with the lawyer. If not, then In my opinion you owe the bill.

DavidW5 (North Carolina)
Posts: 565

Posted:

I disagree. If the lawyer was acting in his capacity as attorney for the association, then the association should pay his bill. As has often been pointed out in other threads here, you as a member of the association are indirectly, through your dues, paying a portion of the the lawyer's bill.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Tom:

If you challenged and the board asked you to provide information to the attorney, then I agree with David in that he is the HOA attorney, you were asked to provide the documentation, and he was asked by the board to render an opinion. These items should be covered by the Association as part of the HOA overall expenses.

If you met with the attorney on your own and without prior notice or board permission, then potentially I would agree with Bonnie.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By TomM15 on 03/11/2012 3:01 PM

I met with the boards lawyer to produce my documents supporting my position and the meting took about 20 minutes.

Were you getting copies of Association documents or providing documentation to the attorney?

If you were providing documentation, who instructed/authorized you to meet with the attorney? Is this in writing?

Can you provide more specifics about the issue you were taking a position on?

Tim

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Although it was HOA related, it seems like your visit to the lawyer was not authorized or pre-approved, therefore the bill is yours.

Lets say your board approved you to discuss this issue with the HOA lawyer prior to you visiting the lawyer. This bill would be paid for by the HOA.

SusanW1 (Michigan)
Posts: 5,202

Posted:

If this was a "hearing" that was part of a disciplinary PROCESS, you should not be responsible for the fee. Check your documents about the appeal process.

In any case, you should have been told BEFORE the meeting that you would be paying for a legal opinion from the HOA lawyer.

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