KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
If an association has a community management firm that handles enforcement, does the HOA's attorney still get involved or does the CAM pursue mattera further with an in-house lawyer?
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CAM or Lawyer Responsibilities?
Started by KevinK7 • 9 replies • 1973 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Have you asked your board of directors or checked your documents - that's usually the first step.
Generally, the HOA attorney will get involved if the homeowner refuses to comply with the rules or if arbitration has failed. Hopefully, your association has several steps to its enforcement process that provide appeal rights to the owner and spells out the deadline when violations must be fixed, if arbitration is available, etc. That policy should be available to all homeowners.
I'm not aware of property managers with in-house attorneys - I would think if they had one, that attorney would be representing the property manager, not the association, which should have its own attorney
Generally, the HOA attorney will get involved if the homeowner refuses to comply with the rules or if arbitration has failed. Hopefully, your association has several steps to its enforcement process that provide appeal rights to the owner and spells out the deadline when violations must be fixed, if arbitration is available, etc. That policy should be available to all homeowners.
I'm not aware of property managers with in-house attorneys - I would think if they had one, that attorney would be representing the property manager, not the association, which should have its own attorney
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
My situation is a bit different. Because of Florida law I have no governing documents. Thwy expired and I am not a member to the remaining corporation. The HOA stopped communicating with me once my lawyer was involved but now they replaced their registered agent (who was their attorney) with a CAM. In Florida a regiatered agent is required to engage in legal actions and to receive process but would that mean they relay the information to the association or take care of the legal enforcement? Their letters had been vague. They mention action may be taken to enforce the C&Rs and provide conflicting timetables for resolution and any attempt to communicate with the CAM has resulted in failure. They request contact be made if there are any mistakes or queations but then they ignored our emails or phone calls, opting to continue sending enforcement letters. It started with one letter. Then three after contact was attempted.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Kevin,
The role of "registered agent" or "statutory agent" confuses a lot of people when it is very simple.
The agent is the corporation's "in-box." Deliver or mail something addressed to the corporation in-care-of the agent and it is considered to be delivered to the corporation itself.
The agent need not be a member, stockholder, officer, or board member of the corporation. An agent does not need to be an attorney in most states. The agent's sole legal responsibility is to accept service on behalf of the corporation. There should be no circumstances where the agent sends out any correspondence using the title, "registered agent."
Where things get confusing is that officers, board members, managers, or attorneys (as well as almost everyone else) may be a registered agent. Suppose your president is also the registered agent. When he accepts service he is acting as the registered agent; at all other times he is acting as president.
You wrote, "In Florida a registered agent is required to engage in legal actions and to receive process but would that mean they relay the information to the association or take care of the legal enforcement?" I highly doubt that part about, "In Florida a registered agent is required to engage in legal actions," since most states require the agent to do nothing more than accept service on behalf of the corporation. It is easy to confuse the duties of the registered agent with the duties of others, as I mentioned above. I think this statement is the result of confusion.
The role of "registered agent" or "statutory agent" confuses a lot of people when it is very simple.
The agent is the corporation's "in-box." Deliver or mail something addressed to the corporation in-care-of the agent and it is considered to be delivered to the corporation itself.
The agent need not be a member, stockholder, officer, or board member of the corporation. An agent does not need to be an attorney in most states. The agent's sole legal responsibility is to accept service on behalf of the corporation. There should be no circumstances where the agent sends out any correspondence using the title, "registered agent."
Where things get confusing is that officers, board members, managers, or attorneys (as well as almost everyone else) may be a registered agent. Suppose your president is also the registered agent. When he accepts service he is acting as the registered agent; at all other times he is acting as president.
You wrote, "In Florida a registered agent is required to engage in legal actions and to receive process but would that mean they relay the information to the association or take care of the legal enforcement?" I highly doubt that part about, "In Florida a registered agent is required to engage in legal actions," since most states require the agent to do nothing more than accept service on behalf of the corporation. It is easy to confuse the duties of the registered agent with the duties of others, as I mentioned above. I think this statement is the result of confusion.
KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
I know they are an "in-box" but I guess a corporation is required to have a registered agent in order to do anything involving the courts. What got me confused was the change from their attorney to the CAM and the CAM sending this information instead of the HOA. I had never dealt with a CAM before so I have no idea what the extent of their activities are.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Kevin,
Since you have no deed restrictions and are not part of the Association, I think you are going to have to bite the bullet so to speak and get an attorney versed in MRTA. I say this because I think you are going to have issues until the matter is settled with a court ruling.
Since you have no deed restrictions and are not part of the Association, I think you are going to have to bite the bullet so to speak and get an attorney versed in MRTA. I say this because I think you are going to have issues until the matter is settled with a court ruling.
KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
Quote:
Posted By TimB4 on 08/12/2014 8:01 PM
Kevin,
Since you have no deed restrictions and are not part of the Association, I think you are going to have to bite the bullet so to speak and get an attorney versed in MRTA. I say this because I think you are going to have issues until the matter is settled with a court ruling.
Kevin,
Since you have no deed restrictions and are not part of the Association, I think you are going to have to bite the bullet so to speak and get an attorney versed in MRTA. I say this because I think you are going to have issues until the matter is settled with a court ruling.
I am in the process. I just want a better understanding. I was never really sure of how a CAM works. Do some act as debt collectors? Lawyers? Do some file the mundane and routine paperwork a lawyer could also file?
Tye HOA left me alone for 2 years. They havent said anything since this started back up. I wonder if they are aware or communicating with the CAM, or if they are turning a blind eye to see if the CAM could get me to budge, or if they were told of the CAMs actions and decided not to do anything but sit idly by while the CAM does their thing.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Depending on the authority the Board grants and the limitations imposed by FL statutes, the CAM may be able to do all of those things or simply be able to collect assessments.
The issue isn't with the CAM. The CAM is likely acting based on the information provided by the Board. The issue is with the Association's Board of Directors.
The issue isn't with the CAM. The CAM is likely acting based on the information provided by the Board. The issue is with the Association's Board of Directors.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
CAM's (Property Managers) receive their authority from the BOD. It can be as simple as a CAM does only bookkeeping services up to they are authorized to police the HOA and take legal action against an owner.
Some BOD's want the CAM to play the bad guy.
As Tim said, the BOD is in charge and ultimately responsible for the actions of a CAM.
Some BOD's want the CAM to play the bad guy.
As Tim said, the BOD is in charge and ultimately responsible for the actions of a CAM.
JohnB26 (South Carolina)
Posts: 1,001
Posts: 1,001
Posted:
Have your attorney send the BOD, c/o registered agent, a 'cease and desist' letter.
Take it from there.
Take it from there.
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