Colorado HOA Attorney

Started by JudeP1 • 3 replies • 1835 views

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JudeP1 (Colorado)
Posts: 1

Posted:

I have looked every where even did a web-search, and I know I saw it some where, checked HOA documents, question is:

The HOA attorney, if a homeowner has major concerns, with the PMC & BOD can they not send an email to the HOA attorney with that HO's concerns and ask that they not discuss or share the email with the BOD or PMC, due to corruption going on with HOA Board & PMC?

The reason I'm asking is, in the past I always included the PMC, then found out they were not sharing issues with the BOD, then vice versus Board to PMC.

This is in reference to major/big legal issues in our community.

NpS (Pennsylvania)
Posts: 4,216

Posted:

The attorney works for the Association. The Board members are the elected representatives of the association membership. If you contacted the Association attorney directly, that attorney would be ethically obligated to inform the Board. Also, since the attorney is entitled to payment for her time, you would be creating an Association expense that you have no authority to create.

You have 2 options:
If the issues are criminal, contact the District Attorney's office.
If the issues are civil in nature, hire your own attorney, or join with a group of like-minded homeowners and share the expense of the attorney.

Sikubali jukumu. Read all posts at your own risk.

FredS7 (Arizona)
Posts: 927

Posted:

> if a homeowner has major concerns, with the PMC & BOD can they not send an email to the HOA attorney

The attorney should not respond to you as that would require charging the association for his time. Doesn't matter if the issue is big, small, whatever.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jude

I am not nor do I play a lawyer.

The HOA attorney is not your attorney. The HOA's attorney is the HOA's (BOD) attorney.

Were I the HOA attorney and I received an Email claiming my client (the HOA) had done wrong, I would notify my client (the HOA) about it. I would also bill you personally for my time if you asked to do "something".

If you have issues/accusations hen either notify the police or commence legal action against them via your own personal attorney

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