HOA MEETING VIA CONFERENCE CALL

WarrenM2 (Florida)
Posts: 6

Posted:

Due to the virus issue, our board set up a telephone conference call for all homeowner to call in for.
i called in, to my surprise our HOA had our attorney as moderator for the meeting . It is my understanding for HOA legal matters, litigation and reviewing new contract. I do not feel the expense was necessary as we have a HOA manager who was in on the call and should have been the moderator. We have a contract., he attends our board meetings and gives input and answers question
What is the legal precdent for this?

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By WarrenM2 on 04/29/2020 8:25 AM
Due to the virus issue, our board set up a telephone conference call for all homeowner to call in for.
i called in, to my surprise our HOA had our attorney as moderator for the meeting . It is my understanding for HOA legal matters, litigation and reviewing new contract. I do not feel the expense was necessary as we have a HOA manager who was in on the call and should have been the moderator. We have a contract., he attends our board meetings and gives input and answers question
What is the legal precdent for this?

Have you asked the Board why? If so, what did they say? Is your objection the cost of having the lawyer attend?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Sounds like the Board wants the HOA attorney at Board meetings and is spending the funds necessary to do so.

Don't think this falls into "legal precedent" arena - they just decided to do it.

Are you on the Board?

Did you ask the Board why?

Are others in the community concerned about the cost?

Has there been recent controversy associated with Board actions that dictate, or make the Board think, having the attorney present is a reasonable or advisable course of action?

Is this the only time the attorney has been present?

Was this an "annual meeting" or a interval-based Board meeting?

WarrenM2 (Florida)
Posts: 6

Posted:

Thank you,it was our monthly meeting. I have yet to hear from the president of our HOA

PaulJ6
Posts: 990

Posted:

Quote:

Posted By WarrenM2 on 04/29/2020 8:25 AM
Due to the virus issue, our board set up a telephone conference call for all homeowner to call in for.
i called in, to my surprise our HOA had our attorney as moderator for the meeting . It is my understanding for HOA legal matters, litigation and reviewing new contract. I do not feel the expense was necessary as we have a HOA manager who was in on the call and should have been the moderator. We have a contract., he attends our board meetings and gives input and answers question
What is the legal precdent for this?

The legal precedent is whatever the board wants.

It's normal for lawyers to be the secretary of a board meeting but not charge for the work, since being with a client and a room of other people is free advertising for the lawyer.

KerryL1 (California)
Posts: 14,550

Posted:

Well,Paul, I don't think it's "normal" at HOA board meetings for GC to be present to record minutes. Never heard of such a thing. And s/he couldn't generate new business as HOA attorneys, at least in CA, only work with Associations, not individual Owners.

So, Warren, it sounds like it's your monthly board meeting (not an "HOA" meeting). Our retainer with our attorney gives us one free board meeting a year with the attorney present. Possible in your HOA's case, Warren? Have you read the contract with the HOA attorney?

FL also has some statute(s) whereby the attorney must be present if the board discusses certain topics. One of our very astute FL posters will be able to say more about that.

PaulJ6
Posts: 990

Posted:

Quote:

Posted By KerryL1 on 04/29/2020 1:52 PM
Well,Paul, I don't think it's "normal" at HOA board meetings for GC to be present to record minutes.

In every HOA I've lived in, the HOA's lawyer attends meetings and keeps minutes. That's also standard in corporations.

Thus our own experiences may vary.

KerryL1 (California)
Posts: 14,550

Posted:

How many HOAs, Paul? I wonder if NY has some sort of requirement?? It must be very expensive to pay your GC for attendance at every board meeting, plus taking minutes.

Warren, it seems your question in your post is a lot different than your subject line, so maybe that's why you haven't had many responses.

CathyA3 (Ohio)
Posts: 6,299

Posted:

We had our attorney run the annual meeting (at minimal cost as part of our annual service fee). We also had him attend one executive session as the mediator in a dispute between an owner and a tenant that was threatening to blow up into something more serious.

So having GC present may or may not be unusual. If the board was scheduled to consider issues that would need legal input, it was likely a good idea - no use wasting time debating options that may not fly legally.

PaulJ6
Posts: 990

Posted:

Quote:

Posted By KerryL1 on 04/30/2020 1:55 PM
How many HOAs, Paul? I wonder if NY has some sort of requirement?? It must be very expensive to pay your GC for attendance at every board meeting, plus taking minutes.

I've lived/own properties in 5 different HOAs.

My new one (I just moved) might or might not have its counsel attend meetings, but the other ones did.

Lawyers should not charge for attendance at board meetings, but they do in the HOA sector, apparently.

MarshallT (New York)
Posts: 414

Posted:

I think you'll need to get your answer from the board. The lawyer may have not charged for this service. If they did, your board should be able to explain why they decided to bring the lawyer on as a moderator.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By WarrenM2 on 04/29/2020 8:25 AM
Due to the virus issue, our board set up a telephone conference call for all homeowner to call in for.
i called in, to my surprise our HOA had our attorney as moderator for the meeting . It is my understanding for HOA legal matters, litigation and reviewing new contract. I do not feel the expense was necessary as we have a HOA manager who was in on the call and should have been the moderator. We have a contract., he attends our board meetings and gives input and answers question
What is the legal precdent for this?

Florida law might be the president for a lawyer being present during the meeting. Remember, most board meetings are recorded for record keeping purposes. Some state laws have strict wiretapping laws on the books about wiretapping and that all parties have to be informed that the conversation is being recorded. Your HOA is likely covering their A.

BenA2 (Texas)
Posts: 1,273

Posted:

I don't see why you would have anyone other than a board member moderate a board meeting. I can see having the manager do it if the president and vice-president can't attend, but it should be someone elected to the board. The lawyer and manager would be their as advisors.

I suppose there could be a good reason but you have a right to an explanation.

MarkW18
Posts: 1,290

Posted:

How many Boards, that have managers, actually run their own board meetings?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MarkW18 on 05/01/2020 8:11 AM
How many Boards, that have managers, actually run their own board meetings?

We have a PM (not on site) andour BOD runs its own meetings. We bring the PM into our Annual Meeting to Present Financial Reports, answer questions, and be our Election Overseer.

KerryL1 (California)
Posts: 14,550

Posted:

Our board runs the meetings. The PM is present and per our contract with our MC, takes meeting minutes. She also has a place on the agenda of open meetings to basically update attendees on projects, etc.

I can't imagine why our GC would attend our regular, routine monthly board meetings or why we'd want to pay him to do so.

KerryL1 (California)
Posts: 14,550

Posted:

Our board runs the meetings. The PM is present and per our contract with our MC, takes meeting minutes. She also has a place on the agenda of open meetings to basically update attendees on projects, etc.

I can't imagine why our GC would attend our regular, routine monthly board meetings or why we'd want to pay him to do so.

PaulJ6
Posts: 990

Posted:

Quote:

Posted By KerryL1 on 05/01/2020 1:22 PM
Our board runs the meetings. The PM is present and per our contract with our MC, takes meeting minutes. She also has a place on the agenda of open meetings to basically update attendees on projects, etc.

I can't imagine why our GC would attend our regular, routine monthly board meetings or why we'd want to pay him to do so.

In a normal (non-HOA situation), outside counsel likes getting face time with clients, which strengthens the relationship, so he should do it for free.

Plus having your counsel attend those meetings helps him know what's going on at the HOA (which helps him keep the HOA out of trouble) and it ensures that governance is done properly.