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RogerJ1 (Texas)
Posts: 550
Posted:
First time in its history, my POA will hire two attorneys to oversee the annual meeting (in case anyone asks, no it has not hired one before - it will be two and it will be the first time any attorney was hired to attend or manage a meeting.)

In that light, I am curious if this is common for other HOAs/POAs.

Does you HOA/POA hire attorneys to supervise/oversee annual meetings?
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By RogerJ1 on 01/24/2022 12:39 PM
First time in its history, my POA will hire two attorneys to oversee the annual meeting (in case anyone asks, no it has not hired one before - it will be two and it will be the first time any attorney was hired to attend or manage a meeting.)

In that light, I am curious if this is common for other HOAs/POAs.

Does you HOA/POA hire attorneys to supervise/oversee annual meetings?

Quick answer is no, we do not have an attorney present at our annual meetings. I know some other associations do, but as board president I see no need for one and that would be a waste of money to have one.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Attorney time in our neck of the woods costs $275 / hour, so for 2 attorneys that is $550 / hr. If you are doing an in person meeting, travel time is charged at their hourly rate.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
No we do not. Can't imagine the justification for 2 of them??? I wonder if they are about to announce something controversial?
AugustinD
Posts: 3,698
Posted:
I do not like the notion of attorneys "overseeing" the annual meeting. Why? First, it's true that HOA attorneys are supposed to act in the best interests of the HOA. But second, what's in the best interests of the HOA may be a matter of opinion. Third, the attorneys are stuck taking direction from the Board, and the Board may be quite biased towards one candidate or another.

If an attorney is paid, then he/she instantly has a duty to represent her/his client. In this case, the client's needs will be those expressed by the Board.

I advise a professional referee for the annual meeting, like a CPA who has done this before. Yeah they're taking direction from the Board, but I do not think the relationship is quite the same (compared to an attorney and the Board).

I have seen a HOA attorney attend one annual meeting and referee disputes. He was quite fair, even ruling against the incumbents (who were running for re-election) on a number of issues. But one cannot count on this.

I have seen a COA attorney attend other annual meetings and flame candidates the incumbent Board did not like. The attorney said he was there voluntarily but with the board's permission. The attorney believed not being paid at that moment meant he could weigh in. It was such a set-up.

A third HOA/COA attorney declined to be present but said he would be available to take calls if there were any legal questions.

Best practices AFAIC is for voting to be offered online and at the meeting itself, with the online and in-person election overseen by a single, professional HOA election company.
PatJ1 (North Carolina)
Posts: 568
Posted:
Been on our Board for 9 years and have never had our attorney attend. Nor do I think it is necessary for an Annual Meeting.

Invite your HOA Insurance agent and your Community Police Officer. They don't charge.

Other than possibly overseeing a complicated, challenged election, why? Since the Annual Meeting is a member's meeting, gives the impression that they work for the owner's directly and not the HOA.
SheliaH (Indiana)
Posts: 6,964
Posted:
Nope. Our attorney only comes to meetings when invited by the board and that's when there was something a wee dicey to discuss. Not necessarily controversial - at one of my final meetings before I stepped down, we discussed foreclosures and whether they were worth doing because our success on getting delinquent assessments was mixed.

Another time, we had our previous attorney come to discuss strategy on specific accounts - no homeowners were there, so it was almost like an executive session without naming names (when we discuss delinquencies, we always refer to them by account numbers).

In your case, something controversial may be on the horizon - or it's a relatively simple meet and greet, where the attorneys might give a presentation on what they do for the association and what they can't (that may resolve those "is the HOA attorney my attorney questions.") For now, plan on going to the meeting and keep an open mind.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Never had an attorney at the Annual Meeting in the last 3 HOA's I was a member of.

Roger

Why does anyone think it is necessary?
KerryL1 (California)
Posts: 14,550
Posted:
While I haven't re-read any of them, Roger, you've asked a number of questions about the annual meeting: Proxies, if you can speak w/out being on the agenda, and more. I assume, then, that you do not trust the current Board to make sure the election is conducted legally and fairly. At the same time, the current Board may be concerned you'll somehow try to disrupt the meeting in some way or another.

That's my guess as to why they hired an attorney to oversee your annual meeting & election. What do you think, Roger? What else, if anything is on the agenda besides voting for directors? To hire two seems like overkill.

Perhaps it's the nature of urban high rises and of CA, where there are very complicated required election rules, but attending the annual meeting & election is a part of our $250 annual retainer with our HOA counsel, whose firm specializes in Associations. He sits with the Board and helps guide the meeting, which has only been an election in our Assn. for the past 15 years. Our previous two Attorneys also attended the Annual meeting.

In CA tabulation of the ballots must be open for Owners to observe, so he goes to the table where opening all envelopes tabulating the ballots is to answer any questions by the "inspectors of election." Only perhaps 2 (usually new) owners vote in person. No one votes by proxy.

In CA, owners may vote absentee and almost all do. The inspectors have to open an outside and an inside envelope for each ballot. With 220+ units, about 100 generally vote so tabulation takes some time. during that period, our attorney takes questions from owners about various legal to pics like short-term vacay rentals, etc.

I'm thinking that a CPA does not know enough about CA HOA laws & general election rules to be of good service. I do think there now are actual election manager companies to tabulate ballots and attend annual meetings in CA.

But imo, there's no need for any of those in HOAs in states that don't have complicated legal steps to follow. I'd say perhaps for complicated or controversial section topics.

RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By JohnC46 on 01/24/2022 1:40 PM
Never had an attorney at the Annual Meeting in the last 3 HOA's I was a member of.

Roger

Why does anyone think it is necessary?

Our current Board is four people. One Board member suggested that two attorneys be at the upcoming annual meeting - reason given, in case anyone challenges anything so they attorneys can attest that everything was done right. Another director immediately opined that it was a great idea until the third, the President, discussed how much it would cost. Evidently the one opining it was a great idea thought the attorneys would do it for free or something, because then he said it was not worth the cost.

The director who suggested it normally gets his way with things like this and often does stuff with the rest of the board knowing.

History:

In 2020 when this board director was elected, three of five director quit after the Board's second meeting citing hostility on the Board. This director then recruited and appointed two to replace those three - went from a five person board to a four person board. This director only wanted two replacements for the three vacated position even though more than three members were interested.

Then about six months later another Board director, one of the original five who was still part of that current four, quit also, citing hostility on the Board. The Board operated as three person board for several months then that same director recruited one person to run at the next annual meeting, using rules etc. to keep additional interested members from running - stated candidates had to submit requests to run during a certain time frame etc. and because zoom meeting no one from floor could run (no rule cited for that) - an argument countered, he threw out another one. It then went to a four person board.

This person also transacts POA business, including entering contacts, on his own outside of meetings, and goes after violations, including getting the Board's attorney after violations, without the rest of the Board knowing. In fact the other directors, including the president, learn about this director's activity from members not in board meetings - at least they claim they knew nothing about it before being told.

There is a faction in the subdivision who hate this director. I am not part of them, but have heard them literally say they hate him. I suspect that he is hiring the attorneys as props to intimidate those people at the meeting. $2000 intimidation decoy but that is only my opinion as to the reason.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
There is no reason for an attorney to attend never the less "run the meeting". Sounds like your board is living in fear. The better option? Gather ALL the questions people may have into one piece of paper. Decide who amongst the board will take it to A lawyer to discuss. Once that is done/paid for, then come back with the answers/suggestions the lawyer has.

This is just bad management and people not knowing what they are doing. Simply resolve the issue by bringing your CC&R's, By-laws, and Articles of Incorporation to EACH and EVERY meeting. Can't answer right away? Explain you will have someone write down the question and review it in those documents for the answer. No need for knee jerk reaction. Simply reply will consult the documents after the meeting to save time. Will have answer quoted from those documents sent out.

Just don't think a lawyer is going to save your HOA from being sued. Your going to get sued. Realize worst case scenerio the court can only make one "whole". So can only get any money back that one spends out. Punitive damages are rare and really never done in small claims.

Former HOA President
AugustinD
Posts: 3,698
Posted:
This is awotta soap. Wery wery soapy.

(sic)
KerryL1 (California)
Posts: 14,550
Posted:
Is the annual meeting only an election, Roger? Or are other items on the agenda too? Is your item on the agenda? When is the annual meeting?

$2,000 sounds like a large amount as if two senior partners will attend for 3+ hours each!

(Melissa isn't making any sense here as she usually spouts this line re: board meetings.). (Augustin's remark is above my knowledge of whatever literature is being cited)
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By MelissaP1 on 01/24/2022 2:41 PM
There is no reason for an attorney to attend never the less "run the meeting". Sounds like your board is living in fear. The better option? Gather ALL the questions people may have into one piece of paper. Decide who amongst the board will take it to A lawyer to discuss. Once that is done/paid for, then come back with the answers/suggestions the lawyer has.

This is just bad management and people not knowing what they are doing. Simply resolve the issue by bringing your CC&R's, By-laws, and Articles of Incorporation to EACH and EVERY meeting. Can't answer right away? Explain you will have someone write down the question and review it in those documents for the answer. No need for knee jerk reaction. Simply reply will consult the documents after the meeting to save time. Will have answer quoted from those documents sent out.

Just don't think a lawyer is going to save your HOA from being sued. Your going to get sued. Realize worst case scenerio the court can only make one "whole". So can only get any money back that one spends out. Punitive damages are rare and really never done in small claims.

It is one director but he has support from a lot of members who do not take part - will give him their proxies.

I have known of this person for ~30 years, only getting to know him well the last few years. I have recently learned that he was antagonizing boards in-person or via communications for years previous. I got involved with him and others when a new Board approved a very unorthodox fence (different material and 3 feet higher than the fences connected to it, in front of the subdivision.) He was not on the board at the time of that decision.

We had several meetings discussing what to do about the fence that was "weird" looking compared to adjacent fences. Background on that: The member who changed his fence asked at an annual meeting, before constructing the new fence, if he could replace his fence with the much taller and different material fence. He cited road noise claiming his fence would have sound proofing material in it. Several members and some exiting board directors told him unfortunately no, as what he was proposing did not meet guidelines, but the outgoing president, who then became the ACC chairperson, winked at him to say, "we can work something out." That ACC chairperson, and the new board, which was four new directors out of a five person board, gave that person a variance to build the different fence. Then after it was installed, and the subdivision saw it, about half the subdivision was upset. At first about 20 residents, out of 56 lots, showed up at the next board meeting to protest the decision and fence. About 5 of us stayed engaged, including this new director, who was not a director at that time. We had several meetings over the next several months trying to determine if there was anything we could do about the fence.

Our five had several meetings planning what could be done about the fence. During those meetings, this guy would come with one or two "tricks" to we could do to get the board's attention. He would divide the tasks assigning them to people. Many were outlandish so we just politely declined.

One time he proposed doing something very bad in my opinion. One of the five of us, a lady, had recently gone to one of our meeting (we met at each other's houses) 30 minutes earlier than the meeting was planned. She waited for about ten minutes, sitting in her parked car, until she realized she had the start time wrong. She decided to drive back to her house to wait and then come back 20 minutes later. She said as she began to leave, all of a sudden a vehicle with bright lights raced up to her vehicle tailgating her to later pass her and then try to force her off the road. She said it was the same vehicle the neighbor of the person, whose house the meeting was going to be, had. She could not see in it because it was night and she could not get the license plate number.

This person then advised her to go write down the license plate of the neighbor's vehicle and report it to the police saying she wrote it down during the incident. I interrupted saying that was clearly wrong and lying to police could get one in trouble, so that it was overall bad advice. That is who this director is.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By KerryL1 on 01/24/2022 3:18 PM
Is the annual meeting only an election, Roger? Or are other items on the agenda too? Is your item on the agenda? When is the annual meeting?

$2,000 sounds like a large amount as if two senior partners will attend for 3+ hours each!

(Melissa isn't making any sense here as she usually spouts this line re: board meetings.). (Augustin's remark is above my knowledge of whatever literature is being cited)

He also proposed hiring an off duty police officer. I am guessing $300 per attorney and probably $100 for an off duty officer, so $700 for 3 hours. Maybe it will be less or more.
KerryL1 (California)
Posts: 14,550
Posted:
Has the annual meeting only an election, Roger? Or are other items on the agenda? Is your item on the agenda? When is the annual meeting?

It's even been advised here to hire an off-duty police officer for meetings when boards fear big disruptions.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By KerryL1 on 01/24/2022 4:46 PM
Has the annual meeting only an election, Roger? Or are other items on the agenda? Is your item on the agenda? When is the annual meeting?

It's even been advised here to hire an off-duty police officer for meetings when boards fear big disruptions.

I do not really care, and will not attend an in-person meeting anyway because the people attending are likely not risk adverse so higher chance to carry the virus. I am just wondering if this is uncommon or common.
KerryL1 (California)
Posts: 14,550
Posted:
Oh.
LoriM15 (Florida)
Posts: 1,009
Posted:
We have never had an attorney but we have had the regional manager from our property management company oversee our annual members meeting to make sure everything was done by the book. That only happens if it's a contentious year or when we have an election that might be tight. Our management fee to the PM company covers his presence.
BarbaraT1 (Texas)
Posts: 821
Posted:
I've seen this twice. On one occasion there was a faction of pot-stirring homeowners who challenged the validity of everything under the sun; the attorney was there to respond to their accusations. The second occasion was a recall meeting after two board members had pulled some shenanigans with the proxies that required the first meeting to be invalidated. The attorney was there to answer questions as to why there was a second meeting.
CathyA3 (Ohio)
Posts: 6,299
Posted:
We've done it in the past but as a routine thing no. One year we were dealing with some fallout from past years' election shenanigans. Another year the board had spent some time and effort dealing with a legal issue, and we wanted the lawyer to talk about it and answer homeowners' questions.

One of the services offered by the firm we had on retainer was running the annual meeting, and the cost was pretty modest - not your normal charge for legal work.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
BTW... It should be mentioned that these lawyers should state they are not members of the HOA and can be kicked out of the meeting. They have to be invited as guests of the HOA. If they do not say they do not have a right to attend then I would question question them.

I see no need for at meeting. Just write the questions down and consult later.

Former HOA President
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By MelissaP1 on 01/25/2022 9:39 AM
BTW... It should be mentioned that these lawyers should state they are not members of the HOA and can be kicked out of the meeting. They have to be invited as guests of the HOA. If they do not say they do not have a right to attend then I would question question them.

I see no need for at meeting. Just write the questions down and consult later.

The Board would be hiring them so I assume it is inviting them.
JanineR (Tennessee)
Posts: 259
Posted:
We had a lawyer at our annual meeting once:

Our community had a huge motion to amend the master deed and bylaws six years ago, and an attorney was present at the meeting.

He introduced himself that he represents the owners as a whole and not the directors or the management company.
Described a little bit of the process of amending, and was open to questions.
Because it was such a complicated change in the governing documents, it was helpful to the owners, me included.

That was the only time we have had a lawyer at a member's meeting.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By JanineR on 01/26/2022 12:45 PM
We had a lawyer at our annual meeting once:

Our community had a huge motion to amend the master deed and bylaws six years ago, and an attorney was present at the meeting.

He introduced himself that he represents the owners as a whole and not the directors or the management company.
Described a little bit of the process of amending, and was open to questions.
Because it was such a complicated change in the governing documents, it was helpful to the owners, me included.

That was the only time we have had a lawyer at a member's meeting.

That makes perfect sense.

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