BettyO1 (California)
Posts: 104
Posts: 104
Posted:
If the board asks the HOA attorney to attend a board meeting, should his attendance noted on the meeting agenda?
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HOA Attorney
Started by BettyO1 • 10 replies • 1437 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Yes.
Is it legally required? - I don't know
Is it legally required? - I don't know
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By BettyO1 on 01/16/2013 11:20 AM
If the board asks the HOA attorney to attend a board meeting, should his attendance noted on the meeting agenda?
If the board asks the HOA attorney to attend a board meeting, should his attendance noted on the meeting agenda?
Yes. And I would want to know, how much will he charge for attending?
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
My understanding is that an agenda is a list of topics that will be discussed and that it is not a list of those who will speak about those topics.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
If your trying to be secretive, hide everything from members and create more mistrust you should not put it on the agenda.
Since the members are paying for the attorney, it would be in good taste to tell them.
Since the members are paying for the attorney, it would be in good taste to tell them.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By SteveM9 on 01/16/2013 6:33 PM
If your trying to be secretive, hide everything from members and create more mistrust you should not put it on the agenda.
Since the members are paying for the attorney, it would be in good taste to tell them.
If your trying to be secretive, hide everything from members and create more mistrust you should not put it on the agenda.
Since the members are paying for the attorney, it would be in good taste to tell them.
I agree.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
I like Steve's reply too.
NicoleW4 (Georgia)
Posts: 41
Posts: 41
Posted:
Can a memeber be denied to attend a Board meeting or the Annual meeting if the HOA attorney can not be present and the member and the HOA are in litigation over a playhouse? Is the homeowner required by any law to have their attorney be present to come to a board meeting or Annual meeting? If the Board denies the homeowner the right to come and states they will have them removed if they do attend, is this an abuse of power?
I was invited by a board member to come to a board meeting after they learned the details of the case they had been voting on. They realized the playhouse was the exact same playhouse that existed on another property and was approved recently after being on the property for 5+ years. In both cases the 2 homeowners, me included, thought the playhouse was ok based on prior communications from the HOA that play structures did not need plans submitted as they were not being covenent enforced. The board member told me to let the President know I would be at the meeting so he could schedule me sometime to talk to the other board members about the playhouse, how i believed it was ok, and ask why was my playhouse being singled out for litigation.
As the location of the meeting was at the President's house, he stated that if I did come, since his attorney could not make it, he would have me removed.
Can he do this? Do I have cause to claim Abuse of Power GA reg 14-3-***(something), I read it yesterday. I will reply with the exact reg if anyone asks.
Thank you
I was invited by a board member to come to a board meeting after they learned the details of the case they had been voting on. They realized the playhouse was the exact same playhouse that existed on another property and was approved recently after being on the property for 5+ years. In both cases the 2 homeowners, me included, thought the playhouse was ok based on prior communications from the HOA that play structures did not need plans submitted as they were not being covenent enforced. The board member told me to let the President know I would be at the meeting so he could schedule me sometime to talk to the other board members about the playhouse, how i believed it was ok, and ask why was my playhouse being singled out for litigation.
As the location of the meeting was at the President's house, he stated that if I did come, since his attorney could not make it, he would have me removed.
Can he do this? Do I have cause to claim Abuse of Power GA reg 14-3-***(something), I read it yesterday. I will reply with the exact reg if anyone asks.
Thank you
NicoleW4 (Georgia)
Posts: 41
Posts: 41
Posted:
One more point. The litigation began before the Coveneant Complaince Rules were followed. They state that:
Non-Compliance: In the case of non-compliance, a second letter will be sent, asking the homeowner or general contractor to meet with the Executive Board on a coordinated date, to discuss the matter. Every effort will be made to persuade the homeowner to comply with the letter and spirit of the Covenants. In the event that this second effort fails, the Executive Board will meet to consider additional courses of action (e.g. Send a letter notifying the homeowner that should he / she desire to sell their property in the future, the non-compliant situation will be brought to the attention of the listing realtor for resolution prior to sale; In unusual cases, notification of possible legal action to gain compliance).
I asked to meet with the board when the playhouse disapproval letter came and I was told no bu the Predient, the same one as a bove, and that if the playhouse was not removed in 15 days my matter would be turned over to the HOA attorney. I was again denied to meet with the board recently as described above. The President continues to use HOA funds to put lawyers between me and the board. I have tried to work with the board and have meet a brickwall.
Any suggestions or thoughts?
Non-Compliance: In the case of non-compliance, a second letter will be sent, asking the homeowner or general contractor to meet with the Executive Board on a coordinated date, to discuss the matter. Every effort will be made to persuade the homeowner to comply with the letter and spirit of the Covenants. In the event that this second effort fails, the Executive Board will meet to consider additional courses of action (e.g. Send a letter notifying the homeowner that should he / she desire to sell their property in the future, the non-compliant situation will be brought to the attention of the listing realtor for resolution prior to sale; In unusual cases, notification of possible legal action to gain compliance).
I asked to meet with the board when the playhouse disapproval letter came and I was told no bu the Predient, the same one as a bove, and that if the playhouse was not removed in 15 days my matter would be turned over to the HOA attorney. I was again denied to meet with the board recently as described above. The President continues to use HOA funds to put lawyers between me and the board. I have tried to work with the board and have meet a brickwall.
Any suggestions or thoughts?
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
The problem with your president and many HOA board members is that they believe they always need an attorney. It's what I call "overlawyering just because I don't know any better". Not necessarily a bad thing but an expensive unneccessary one if you know your HOA rules. A HOA is managed by the members for the members so outside sources such as lawyers aren't needed to decide everything. Lawyers are needed for court and filing certain paperwork in HOA's that aren't overlawyered.
With that said, understand the president is just a volunteer and trying to protect themselves and the HOA by having the lawyer. Which can often paralyze a HOA in making decisions as you just experienced. There's really not much you can do about that as long as the President and other board members buy into the lawyer effect. I consider lawyers in this situation like a "Security blanket" like kids carry around with them. Just to put in perspective why the lawyer is attending meetings and the like. Is it against the rules? No. It is just something the HOA feels secure in when handling such issues.
I would request making a small change by requesting no lawyers present at a meeting that is set more casual. Like an actual visit to the playhouses in question as a special meeting of sorts. Talk outside of the lawyered up meeting if possible. Then allow them to go to the lawyer and you to yours and work on a viable solution from that conversation. You all just want a solution in the end and keep talking about the problem forever. Concentrate on solution/resolution and you all should be okay.
With that said, understand the president is just a volunteer and trying to protect themselves and the HOA by having the lawyer. Which can often paralyze a HOA in making decisions as you just experienced. There's really not much you can do about that as long as the President and other board members buy into the lawyer effect. I consider lawyers in this situation like a "Security blanket" like kids carry around with them. Just to put in perspective why the lawyer is attending meetings and the like. Is it against the rules? No. It is just something the HOA feels secure in when handling such issues.
I would request making a small change by requesting no lawyers present at a meeting that is set more casual. Like an actual visit to the playhouses in question as a special meeting of sorts. Talk outside of the lawyered up meeting if possible. Then allow them to go to the lawyer and you to yours and work on a viable solution from that conversation. You all just want a solution in the end and keep talking about the problem forever. Concentrate on solution/resolution and you all should be okay.
Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
NicoleW4, you should start a new topic.
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