Communications with Attornies

1) Communication with Association attorney should be approved by the Board vs. individual whim.
2) Topics and exact questions should be agreed upon.
3) Written is best.

When approved, I always contact our attorney via email.

NOTE: Make sure to understand your Attorney's policy on charges for communications. They can and will charge for phone calls, emails, office visits, and even text messages. Our lawyer charged for each response about $25 per email. Make sure to understand what your lawyer charges and for what.

It is best to limit the contact to one designated person on the board. Which typically is the President. However, it is possible to assign another board member who may be trusted/knowledgeable if that is what is agreed upon. They still need approval before contacting the lawyer.

Remember the HOA lawyer is for the WHOLE HOA and NOT individual members. Make sure that is understood by all. Lawyers can be tricky. Be careful of any that says "I will do what you tell me to do". That usually means there are other options available that may or may not require them.

One person's opinion on best practices when communicating with attorneys

Emails are fine, but y use an email address that's dedicated to association business. Years ago, I attended a CAI seminar where an attorney warned against using personal email accounts. If there's a lawsuit where you may have to produce emails, the other side can request copies of emails from that account - ALL of them, so they can look through them for the pertinent messages.

Keep your language cordial but professional - no name calling, threats, etc.

I wouldn't text anything. It's ok if you text that you're on your way to an appointment, but when discussing contracts, lawsuits, etc., that needs to be done in person or through a phone call or emails where you can attach pertinent documents.

If you do have a phone conversation or personal meeting, remember the clock is ticking and rambling will lead to higher attorneys fees. Prepare by typing out your questions and sending them to the attorney in advance - you may be able to get some of your answers up front, which will save time when you do meet. Organize your documents and bring those with you so you don't waste time searching for what you need.

Designate ONE board member to contact the association attorney. When I was board treasurer, I had frequent contacts with our attorney over various accounts, so to ensure everyone was in the loop, I copied the other board members as well as our property manager.

Don't run to the attorney for EVERY single question - the board may want to set some general guidelines when the attorney should be consulted. Often you'll find the answer in your documents, so make the time to read them first. If it's not in your documents, check the board's rules and regulations. If you still can't find anything, try using simple common sense. Sometimes, you can figure things out by slowing down, applying careful thought to the matter and coming up with a number of options to consider

Actually they most likely do not like email because it leaves a paper trail and held accountable to what was stated. Phone calls if ever disputed is he said vs. he said.

James ... Depending on what the communication is in regards to and whether you need backup for future dispute or court will determine your choice.

Our board and PM have been very comfortable with phone calls with our last two HOA attorneys. Sorry: my error above!! Phone calls are included in our retainer. But experience has shown me that they don't bill us for simple email replies.

Hence the reason to write drafts and reread it later when you are calmer before sending it.