'HOA Attorney' question

Started by NotR • 12 replies • 753 views

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NotR (California)
Posts: 13

Posted:

In my limited dealings with our HOA Attorney, he has always writes in the subject of his emails
"RE: My client: ******** Maintenance Assn"

I recently read an article in one of the law blogs of a local newspaper and I am confused. In the blog the attorney wrote:

"The HOA attorney represents the HOA, not the board or the president, although the HOA speaks and acts through its board"

"The HOA’s lawyer should be able to be completely loyal to the HOA at all times. When the occasional dispute arises between the HOA and its management, the lawyer must only consider the HOA’s interests, even though they know many of their client referrals come from managers."

and by the way, I called the HOA's law firm once, they didn't answer the phone but the recorded message indicated they dealt primarily with 'collections' which in my opinion is slightly below 'ambulance chasers' (no offense to other attorneys)

So what's the deal with this attorney if that is the case. Isn't our Maintenance Association his Client?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA attorney is the HOA attorney NOT the individuals in it. That is why if you sue your HOA your suing yourself and your neighbors. That lawyer is the one you will be going up against if you sued your HOA. They are being paid by the HOA to represent them.

Many HOA have or should have one board member/officer assigned as the representative to talk to the HOA lawyer. That is because it will save money and confusion. That assignee means they contact the attorney when approved.

Former HOA President

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By MelissaP1 on 01/24/2023 7:31 PM
The HOA attorney is the HOA attorney NOT the individuals in it. That is why if you sue your HOA your suing yourself and your neighbors. That lawyer is the one you will be going up against if you sued your HOA. They are being paid by the HOA to represent them.

Many HOA have or should have one board member/officer assigned as the representative to talk to the HOA lawyer. That is because it will save money and confusion. That assignee means they contact the attorney when approved.

Not always true. Your attorney may not be handling the case as they may have a collections specialist or an eviction specialist. In addition, if it is an insurance case, the insurance company will be providing their attorney.

KerryL1 (California)
Posts: 14,550

Posted:

The HOA's law firm won't deal with you as an owner because it represents the assn. This is what the HOA attorney wrote too.

Pur condo HOA has a general HOA a. ttoreny on retainer and we also have a collections attorney for, well, collections.

NotR (California)
Posts: 13

Posted:

Thanks for the replies

Unfortunately, the attorney has sent me a couple of emails and as I indicated, he always indicates the property manager is his client, not the HOA. I just think that is 'unusual' that he does it that way?

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By NotR on 01/24/2023 8:38 PM
Thanks for the replies

Unfortunately, the attorney has sent me a couple of emails and as I indicated, he always indicates the property manager is his client, not the HOA. I just think that is 'unusual' that he does it that way?

I'm confused, you stated that the email subject line is RE: My client: ******** Maintenance Assn", but indicates the PM is his client. As a management company, I have never felt the need for an attorney and so don't retain one. An HOA should NEVER retain the services of the management company's attorney. Just bad business.

NotR (California)
Posts: 13

Posted:

Quote:

Posted By MaxB4 on 01/24/2023 9:47 PM

I'm confused, you stated that the email subject line is RE: My client: ******** Maintenance Assn", but indicates the PM is his client. As a management company, I have never felt the need for an attorney and so don't retain one. An HOA should NEVER retain the services of the management company's attorney. Just bad business.

Sorry, ya - I screwed that up. What I meant to type was that he referred to the PM as being his client, not the HOA

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our HOA often used our accountants lawyer. We used them as part of filing our liens or foreclosures against owners. In our case, our accountant would tell us who was 6 months behind. Our threshold for filing a lien. We would tell our accountant to file a lien. The accountant would then hire their lawyer to file. Which that lawyer would send the accountant the bill for lien filing. That bill would go on the HOA bill. That expense for filing was part of the lien process to get reimbursed once lien was paid.

So a similar situation can exist between the HOA and it's PM. The PM has a lawyer the HOA may request services of. The PM per the contract with the HOA may handle certain legal procedures. If so, then the PM lawyer would be the PM lawyer. The HOA paying them to use. (PM may have one on retainer. A HOA typically doesn't need one on retainer). Sometimes it may be the HOA ask PM to seek a legal opinion or has legal questions with members. The PM would go to their attorney, render the opinion sending the bill to the HOA to pay.

The HOA doesn't really need an attorney on retainer except if they are in some kind of major lawsuit. Otherwise, the HOA to save money can use the PM attorney. It's not necessarily the best decision but it happens.

Former HOA President

GregoryR1 (Michigan)
Posts: 7

Posted:

There are several items that I want to discuss with our HOA attorney. Some of them are that our Board has done things that are not according to our bylaws. Such as they came up with two by-law changes. They did a proposal and then had a vote. Our bylaws clearly state there must be a proposal, a meeting to discuss, and then a vote. They did not have a meeting for discussion, and therefore they violated our bylaws. They had the vote anyway. When they didn't get the answer they wanted, even though they had a quorum, they extended the deadline, and then went out and hustled up the votes they wanted so the 2 new bylaw updates passed. They were advised that there are circumstances where you can extend a deadline. the fact that you did not get the outcome you wanted, is not one of them. Now our President has filed the new bylaw update with the county. I believe this would be a fraud. The process wasn't done right, the voting wasn't done right. So how do we get this corrected? I called our HOA attorney and requested a meeting with them. They said they are hired by the Association, but they answer only to the board. They said I would have to get permission from the board to speak to OUR attorney.
I sent a letter to the board requesting to meet with the attorney, and of course, I will receive no response. How do I get this corrected? Our board has the "Do as I say, not as I do" mentality, and do exactly as they want whenever they want. Assistance, please.

DeanJ
Posts: 1,786

Posted:

Not sure why you thought the HOA’s attorney would answer you calls or emails, but collections is one of the more common duties performed for HOAs. Collection of delinquent dues, assessments, late fees, unpaid fines and foreclosures.

While the attorney acts on behalf the HOA, the attorney takes direction from the Board.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By GregoryR1 on 01/25/2023 7:56 PM
There are several items that I want to discuss with our HOA attorney. Some of them are that our Board has done things that are not according to our bylaws. Such as they came up with two by-law changes. They did a proposal and then had a vote. Our bylaws clearly state there must be a proposal, a meeting to discuss, and then a vote. They did not have a meeting for discussion, and therefore they violated our bylaws. They had the vote anyway. When they didn't get the answer they wanted, even though they had a quorum, they extended the deadline, and then went out and hustled up the votes they wanted so the 2 new bylaw updates passed. They were advised that there are circumstances where you can extend a deadline. the fact that you did not get the outcome you wanted, is not one of them. Now our President has filed the new bylaw update with the county. I believe this would be a fraud. The process wasn't done right, the voting wasn't done right. So how do we get this corrected? I called our HOA attorney and requested a meeting with them. They said they are hired by the Association, but they answer only to the board. They said I would have to get permission from the board to speak to OUR attorney.
I sent a letter to the board requesting to meet with the attorney, and of course, I will receive no response. How do I get this corrected? Our board has the "Do as I say, not as I do" mentality, and do exactly as they want whenever they want. Assistance, please.

GregoryR1, please start a new thread. For now: The HOA attorney was 100% correct in declining speaking with you. If you want elaboration on why, just ask. Regarding the violations you allege, the first step would be to send a polite, just-the-facts, emotion-free letter to the board asking them to comply with statutes and the covenants. Start a new thread, and I will give more help on this.

CathyA3 (Ohio)
Posts: 6,299

Posted:

ElleN is correct. HOA attorneys represent the HOA, not individual owners, and will begin their communications with something like "I represent Happy Valley HOA". They're basically saying 'I'm not your attorney, and what follows is not legal advice to you. You need to consult with your own attorney if you have questions."

The reason HOA attorneys won't respond to homeowner questions is the potential for a conflict of interest. Homeowners sometimes get crosswise with their association - something that your initial post suggests you're thinking about doing - and the lawyer can't act in your interest as well as in the HOA's.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You have to get your own attorney. The HOA or PM attorney is not yours. You have issues go to a board meeting to talk to the board. Otherwise hire your own attorney to ask questions or send correspondence to the HOA attorney.

Former HOA President

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