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ArtT5 (Illinois)
Posts: 84
Posted:
Our association is proposing to adopt a rule saying that unless authorized by the Board, homeowners may not contact the association's attorneys, accountants or other professionals, or with its contractors or vendors. I have mixed feelings about this rule. I can see the point of avoiding having homeowners pester professionals hired to do the association's business. On the other hand, it is the association, not the Board, that is the client, and this rule means (among other things) a homeowner can't contact the association's attorney to request intervention when the Board is acting illegally. Comments?
DonA2 (Arizona)
Posts: 170
Posted:
I can see limiting contact with the attorney, if they are expecting the attorney's fees to be paid by the association. If they want to foot the bill, then by all means contact them as much as you want. I know I would have a problem approving payment to an attorney for a homeowner consultation that didn't go through the board first.
LarryB13 (Arizona)
Posts: 4,099
Posted:
In theory, the attorney advises the association. In the real world, it is the board that butters the attorney's bread.

If a member has a disagreement with the board, it is up to the board to contact their attorney and seek his advice. This is certainly not the ideal way to operate but it is the reality.
KerryL1 (California)
Posts: 14,550
Posted:
Most if not of our contracts state that only the board or its authorized representative (or words to that effect, e.g., our PM or MC) may contact the vendor whether it's our HOA attorney, landscaper, pest control firm, vendor who supplies our security officers, or whomever.

But we don't have an actual written rule of policy about this.

Our CC&Rs also say that the board represents the "Association." I honestly can't imagine the chaos that would ensue if Owners could contact any of our 15 or so vendors. I can hear it all now:

"Hello, XYZ Pest Control, how may I help you?"
Owner: "I saw a big cockroach in the underground garage!! Help me!!

"Hello, ABC pool services, how may I help you?"
Owner: "The pool water is too cold. My grandchildren are shivering and will get sick. Help us!!"

"Hello, LMN Law Firm. Cash or credit card?"
Owner: "Ummm, cash.... I don't like my HOA's rules. They won't let me build a slide from my roof into my backyard. Help me!"

MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA lawyer is NOT your lawyer. It is the HOA's. That is why I say suing your HOA is suing yourself and your neighbors. Members should not contact vendors. Your not the ones who signed the contracts. Elect the ones who best will represent.

Former HOA President
NpS (Pennsylvania)
Posts: 4,216
Posted:
In years past, we had a free for all. Any board member could contact any vendor (including professionals) on any topic.

The big problem was that vendors got mixed messages. One board member didn't always tell the rest of the board about a conversation.

We fixed this by designating one board member as the point person for each vendor. Everyone understands who speaks for the community. There is no confusion. Maybe frustration once in a while because another board member doesn't agree - but if there's a real problem, the board can always vote to change who a designated person is for a particular vendor.

Huge improvement - better transparency and clarity since we made the change.

Couldn't begin to imagine what craziness we would have if we opened communication up to the entire community.

As others have said, cost control is the other big issue.


Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Members should not be contacting the Associations attorney unless there is legal action involved between the two parties.

As others have said, the Attorney works for the Association. Contrary to popular belief, the Association is not the membership. It is it's own entity and speaks through the Board.

Our Board identifies a primary and secondary contact for all contractors, including the attorney.

Do you need a specific rule concerning this? I don't think so.
Perhaps you simply need to open better lines of communication with the members so they know whom to contact on the Board.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By ArtT5 on 04/19/2016 1:26 PM
Our association is proposing to adopt a rule saying that unless authorized by the Board, homeowners may not contact the association's attorneys, accountants or other professionals, or with its contractors or vendors. I have mixed feelings about this rule. . .Comments ?

ArtT5 Illinois: Wonder how the proposed Rule is worded ?

Would it purport to be wide enough to override an attorney's right to interact where the client corporation's interest is not raised ? Freebies are a different matter.

How about contact with an AUDITOR appointed not by the Board but by Resolution of an owners' meeting to whom the audit duty is owed ? How about direct contact with a property manager ?
DouglasK1 (Florida)
Posts: 2,046
Posted:
I think Tim's response is spot on.

We don't have a rule for members, but we tell our vendors that if contacted directly by homeowners, they should refer those owners to the board. We don't formally designate board contacts for each vendor, but we don't have any "rogue" board members so it hasn't caused any problems.

Escaped former treasurer and director of a self managed association.
ArtT5 (Illinois)
Posts: 84
Posted:
Thanks, I appreciate the comments.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By TimB4 on 04/19/2016 3:50 PM
Contrary to popular belief, the Association is not the membership. It is it's own entity and speaks through the Board.


Well said!
KerryL1 (California)
Posts: 14,550
Posted:
Our contract with our attorney permits the board to have only one liaison with him and the board usually chooses the president. Our retainer includes free phone calls, so our PM also phones him from time to time usually at the direction of the board.

Our contract with our MC states that only the PM & her assistant, may direct vendors. We have several full time custodians & security officers and a F-T engineer, who all are instructed to send any resident to the management offices if they have requests.

The chair of our landscaping committee has authorization in her charter to direct the landscapers who are here twice a week.

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