Banned from Management Co Communication

Bill

Often a BOD will get a verbal/free opinion from their attorney for which there is no record of. Also often a BOD will appoint one person to interact with their attorney/MC versus have all calling them.

My advice to you is if it is that important, then request the BOD get a written opinion from your attorney.

My 2nd bit of advice is if you were appointed then those that appointed you (I assume the BOD ) can remove you so tread lightly when threatening them.

Question? Is it costing money to inquire for this information? Like is the Attorney charging each time the MC inquires for you to them? That may be why the President asked them to no longer communicate. Usually communication to the HOA's lawyer has to be approved before they are contacted. Plus it's usually be 1 board member with that authority.

-- Legally, the Board President cannot take an action without a majority vote of the entire board.

-- Chances are good that as a director, by law you are entitled to nearly all HOA records. Read your HOA's bylaws and Declaration carefully to see what they say on the point. Then check your state's statutes to see what they say on the point.

-- If you do have the legal right to certain HOA records, and the management company and Board are denying you records, you may have to hire your own attorney.

- Record withholding is the main way that incompetent board majorities mess with a director they title "rogue." Be ready for a lot of unpleasantness.

-- This is not about politics. It is about fifth grade behavior in organizations with insufficient accountability via transparency with the press and voters. As long at the fifth graders hold a majority, then you will rarely win.

With Sue, I'd like to see the motion taken by the board.

While it's true that in many HOAs allow only one director, usually the president, to interact with the HOA attorney, in our HOA, as with Mark, the Prop. mgr. always is in on the conference call and the attorney always follows up with an email that is in the packet of the next board meeting. With no written evidence, imo, and just mine, I don't think such legal advice exists!

Boards, also, may not overturn state statute. So IF SC has any statutes about what materials are available for corporate members to examine, the board can't legally change that. What does this new limitation prevent owners form being or reading?

Augustine seems to make some really good points, too, Bill.

Without a vote by the board, the prez cannot prevent you from seeking materials form mgmt. that you can legally possess. But read you contract with your management company. It may say, like ours does, that only one director may communicate with the PM. Our contract say it's the board prez unless the board chooses otherwise. So if like ours, technically, you'd have to write the prez asking him to get the d following recognition.rds form the PM.

Since it sounds like the Board appointed you, Bill, you're at their mercy unless you have allies on the board.

If they passed a motion to instruct the MC to do something, then they need to pass a motion to recind that action.

Then you, Bill should put it on the next agenda and motion to rescind xxx that was approved on xxx, xxx. Must b seconded and approved and then put in the minutes.