HectorR (Florida)
Posts: 84
Posts: 84
Posted:
Question...is the HOA attorney supposed to protect the Board memebers and also responsible that the Board does not violate any rules and bylaws our governing documents?
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HOA Attorney in Florida
Started by HectorR • 2 replies • 611 views
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AugustinD
Posts: 5,144
Posts: 5,144
Posted:
No. The HOA attorney's job is to advise the Board on their options. If the Board chooses to do something (not criminal) that the HOA attorney in private consultation with the board advises against, then the HOA attorney is obliged to defend the Board's (wrong-headed) decision.
This may be why you were sent the cease and desist letter. The Board said something like, "Hector is harassing us by doing xyz. It is interfering with us being able to do our jobs. Please send him a cease and desist letter." (But do make sure you are not harassing. Believe me, the Board has more resources than you do, starting with an attorney they do not personally pay, and can get away with breaking the law way more than you will be able to.)
The HOA attorney is not the members' attorney. He or she is not a judge or adjudicator per se (though the better HOA attorneys are). He or she represents the HOA corporation, via instructions from its board.
This may be why you were sent the cease and desist letter. The Board said something like, "Hector is harassing us by doing xyz. It is interfering with us being able to do our jobs. Please send him a cease and desist letter." (But do make sure you are not harassing. Believe me, the Board has more resources than you do, starting with an attorney they do not personally pay, and can get away with breaking the law way more than you will be able to.)
The HOA attorney is not the members' attorney. He or she is not a judge or adjudicator per se (though the better HOA attorneys are). He or she represents the HOA corporation, via instructions from its board.
RoyalP
Posts: 1,104
Posts: 1,104
Posted:
perfect reply
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