Legal Information provided to the Board

We are contesting our bylaw requirement of 25% of the vote required to call a special meeting as opposed by NC 47A which states only 10% required(we area pre-1999 Planned Community). We requested that the Board get an opinion from the HOA attorney. That opinion was obtained and the Board has offered a verbal accounting of the written opinion(response) provided by the HOA retained law firm. They have refused to provide a copy of the written document.

How can they legally do that? It pertains to the interpretation of the Bylaws! This is not how to foreclose on an individuals property, how can this attorney client privilege?

Thanks,
Tom

Isn't client/attorney privilege typically a one-way street? That is, it prevents the attorney from divulging information about the client, but the client is still free to divulge that information himself if he so chooses.

The legal opinion and any correspondence with the attorney becomes a part of the Association's records. It is not a "secret opinion". It has nothing to do with open litigation. If you request a records review, you should have no problem obtaining the documentation.

An opinion such as the one Thomas understandably wants to read for himself should be, in my (non-legal) opinion, shared with the homeowners. Why does the Board want to hide it?

My understanding is that the attorney works for the association, i.e., all owners pay his/her bills, not solely directors. The Board should seek the attorney's advice on behalf of the HOA. The issues that Thomas posed clearly is not a confidential matter.

Assuming that NC gives HOA members access to HOA documents, Thomas, make your request in writing to the PM and copy the Board for the written opinion.

Thomas:

I am not nor do I play a lawyer.

I believe this is what you are looking for:

North Carolina
§ 47F-3-108. Meetings.

(a) A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by lot owners having ten percent (10%), or any lower percentage specified in the bylaws, of the votes in the association. Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each lot or to any other mailing address designated in writing by the lot owner, or sent by electronic means, including by electronic mail over the Internet, to an electronic mailing address designated in writing by the lot owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer.

(b) Meetings of the executive board shall be held as provided in the bylaws. At regular intervals, the executive board meeting shall provide lot owners an opportunity to attend a portion of an executive board meeting and to speak to the executive board about their issues or concerns. The executive board may place reasonable restrictions on the number of persons who speak on each side of an issue and may place reasonable time restrictions on persons who speak.

(c) Except as otherwise provided in the bylaws, meetings of the association and the executive board shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. (1998-199, s. 1; 2004-109, s. 6; 2005-422, s. 5.)

Notice the above bold. In SC our Articles Of incorporation are rife with the statement "Unless The Bylaws Say Otherwise". In SC if the Bylaws said 25%, the Bylaws would over ride. would hold up.

NC puts a maximum of 10% which the Bylaws cannot over ride unless a lower % is specified in the Bylaws.

Hope this helps.

Such documents are attorney-client privileged. Condo Members are not entitled to have access to them.

If you still have questions, you should start a new thread.

Seems the original issue would have been mute considering that State, local, and federal laws trump any HOA document. HOA documents do not supercede those existing laws. So the HOA would have to go by those laws even if not explicitly written. Otherwise your always going to have to update your documents.

Thomas, I think less than honorable Boards, have been using the "the lawyer said," stuff for years. Just recently I made a request to see what "the lawyer said." I was told no records could be found.

To me, the only good in that is it voids all of their "the lawyer said," opinions since the Board has no written or recorded record of what the lawyer said.

Most posters on an 8 year old thread are not going to still be on this board, don't expect a response from Ann.