Responsibility of Property Manager

Started by RobertG • 2 replies • 1269 views

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RobertG (Arizona)
Posts: 505

Posted:

A bit of background. The board had a meeting that they claimed did not need to be open to the members. They even stated the property manager agreed (though a new property manger has recently been appointed). The new property manager was not in attendance.

At the last board meeting, one of the board members stated they wanted a legal opinion on the actions at that last meeting. The board asked the new property manager for his opinion. [This is now what I heard, as I was not there.] The property manager stated that he was not a lawyer and therefore did not want to give his opinion. He stated he did have an opinion, but wasn't going to state it.

The question is NOT about the legality of the action of the board.

I would like to hear from those of you who are property managers as well as others - Was it the responsibility of the property manager to give his opinion to the board?

I have my view, but I will wait to hear from others.

RogerB (Colorado)
Posts: 5,067

Posted:

Robert,
A property manager, who is not an attorney, should never give an OPINION. I define an opinion as legal advice. However, I believe a good PM will always try to answer questions by quoting controlling rules or providing suggestions. If the quiery actually requires a legal opinion, and most of the time Board questions I have encountered don't, then I recommend getting a legal OPINION.

In regard to Board meetings being open to members I suggest they always be open and members be allowed to speak at an appropriate time. In Colorado that is a state statute.

Next time ask the PM for their suggestion or thoughts but not their opinion

GloriaM (North Carolina)
Posts: 829

Posted:

I will also quote statutes, or any state law that I have on me at a meeting (example NC Chapter 55A of the General Statutes). Otherwise I will give my recommendation or suggestion. If I feel what the board has asked of me requires a legal opinion, I will let them know.

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