Legal information

Started by BettyO1 • 4 replies • 1233 views

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BettyO1 (California)
Posts: 104

Posted:

Often, when the board gets legal opinions on options to pursue regarding CC&R violations, it says the letter cannot be shown to homeowners or recommendations shared. This keeps homeowners in the dark. Is this allowed? What can be done to increase transparency?

BrianB (California)
Posts: 2,820

Posted:

My guess would be that the letters and information from lawyers says that it "should not" be spread around, not that it cannot be (there are a couple instances, however, where the information IS legally required to be tightly controlled).

legally, it may be a bad idea to share it and be open, but the board is free to do what it wants with regard to transparency (except in certain instances). So, to increase transparency, you should politely inquire with the board about the reason why they are concealing the information. If it comes out that the reasons are valid, then they are doing well. If the reasons are just because, you can work to educate them on owners rights to transparency, and help them understand that a clear government is better than a hidden one.

SusanW1 (Michigan)
Posts: 5,202

Posted:

It's the board's obligation to formulate clear, concise, legal decisions. If the lawyer consulted with them to come to their conclusions, I don't think the board needs to share exactly what the lawyer said. Once the board comes out with its finding (decision), it only needs to say that the lawyer was consulted. That's just my opinion.

JeanneK3 (Maryland)
Posts: 562

Posted:

Betty:
How about paraphrasing what the attorney said? The more your community understands why you are making the decisions you make, the happier they'll be.
Jeanne

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA as a corporation does need to report to their membership all actions good or bad. This means the do need to disclose if they are involved in a lawsuit since it effects the entire membership. Now as for individual situations the HOA is taking action against that may require some "tact". The HOA can state they are taking legal steps and consulted a lawyer on the matter but NOT reveal the personal nature of the situation. I as a member ONLY need to know that the HOA's board is taking actions they are legally allowed to do on my behalf to protect my interest as a member.

It is much like collection reports. The membership has a right to know in general terms how much the HOA collects a month/year but NOT what an individual member owes. We even just kept the collection reports JUST for the BOARD ONLY. It was discussed in the open meeting but in terms such as the Lot# NOT names. If the general member's want to take it further and use that information to determine the person that wasn't our responsibiility. We as the board just had to assure the general membership we were acting properly on their behalf to address the issue. Which should be the same when coming to individual legal actions.

Former HOA President

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