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JohnS111 (New York)
Posts: 228
Posted:
The HOA where I own a vacation home has a HOA lawyer who had told the "BOARDD" (as he spelled it) that it was fine for board members to use proxies from a prior annual meeting as a basis for attaching owners' signatures to proxies for the most recent annual meeting, even though the proxies specifically stated that they were to be used only for votes at the annual meeting and then expired after 11 months.

I found this troubling, so I looked up the HOA lawyer. He had been suspended from practicing in another state due to some major ethics violations. So he moved to this state and set up a HOA practice.

I sent the lawyer's disciplinary history (there is a record of the suspension easily available online) to the "BOARDD" and asked why they had hired him.

The "BOARDD" said that they had no idea that he had been disciplined.

I know what to do here--organize and vote the "BOARDD" out--but is this common: a HOA board wouldn't even bother noticing that its lawyer had been suspended from practice for ethics violations? If you Google the lawyer, the suspension shows up pretty easily.
SheliaH (Indiana)
Posts: 6,964
Posted:
You seem to be jumping to a few conclusions. Suspended in one state doesn't automatically mean you can't practice anywhere else where you have a license - did you check the rules in both states? You'd be surprised how often that happens.

When was the man suspended and why? You said major ethical violations and while that should make you go home, did the suspension have anything to do with his practicing HOA law? Did this happen several years ago? You may find it hard to believe, but people DO learn from their mistakes. I'm sure even you have made a few in your lifetime and you'll make lots more before you leave the planet.

There are 50 states and most people concern themselves with what's happening in the one they live in, so they probably didn't know the man had been suspended. As I said if he's suspended in one, that doesn't prevent him from practice elsewhere.

Yes tbe man was wrong about the proxies, but the board and everyone else can read too - why didn't you or anyone else ask why there would be an expiration date on a proxy lasting one year if you planned on using it for two? Why didn't you point that out at the meeting? Or check your documents to see if it addressed use of proxies?

If you're ticked off at the board for other reasons, it's OK to rally your neighbors together to vite them out, but I think you'll need more than this to convince them. And who will step up and serve in their pkace? You'll need people willing to do that- and YOU may need to be one of them. That will then put you in the hit seat, so be careful what you wish for, you may get it,

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnS111 (New York)
Posts: 228
Posted:
Thanks.

The HOA lawyer was suspended because he held funds for his client, but used those funds for his own personal expenses.
SheliaH (Indiana)
Posts: 6,964
Posted:
OK, that is serious - and sadly, I've seen this happen with banks, financial advisors, government employees, stockbrokers, educators - along with board members, property managers and even homeowners who've done this with their family members.

You still didn't say when this happened or the type of restitution the attorney had to give to the client. His compliance with that and what he's done since is what matters. Yes, he could have figured out another way to rip peopke off, which is why you trust, but verify (the only thing ronald Reagan ever said that I agree with).

Now that the board is aware, I would hope they had a conversation with the attorney about this. They should be mindful of what he's done for the association since being hired. If he's done what he was paid to do, that's what the board should keep in mind. If they decide to make a few changes on what he does for the association or to go elsewhere, that's OK, too. Step back and see what they decide to do.

And that still doesn't change the other things I said. Homeowners should be paying attention to what the board does, ask questions - and offer to help, such as doing research on potential vendors.

Say! That's something you can help with since you found this out. Why not offer to go through the BBB website or other places to check a vendor's complaint history or check their references ?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnS111 (New York)
Posts: 228
Posted:
SheilaH, thanks--that's a great suggestion. I will offer my assistance to the board.

The HOA lawyer graduated from law school fewer than 10 years ago and he was suspended just a few years ago.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JohnS111 on 03/08/2023 1:32 AM
The HOA lawyer was suspended because he held funds for his client, but used those funds for his own personal expenses.
Are you sure the basis of the ethics violation was not a felony conviction? Did you further dox this attorney to see if he was ever convicted?

Is the guy's license to practice in this other state still suspended? Are you sure that he did not appeal and then negotiate a voluntary surrender of his license for x years (very much like Bill Clinton many years ago)?

Funny. I know a former attorney who did exactly the same thing: Commingled funds and then withdrew some for his personal use. He was convicted of grand larceny, a felony. After the conviction he was disbarred. He was going to appeal the disbarment but then negotiated this down to a voluntary suspension for x years. After he was outed, he began telling people he was not disbarred and that he voluntarily surrendered his law license. Who knows if the voluntary surrender part is true?

Given the recency, I do think the board and community should know about this. Just remember: First, there's always retaliation. Expect revealing it to put an even bigger target on your back. Second, this attorney is breaking no law.

I do not expect a board, made up of amateurs, to know how to dox a prospective attorney and then do the due diligence to confirm the guy they hired as an attorney is actually the one whose license was once suspended. You and I may know it is easy. But Boards are unpaid volunteers. They would not know a Rule of Professional Ethics from a dress code regulation at the local public school.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I don't think a HOA board made up of volunteers is going to vet a lawyer. They barely know what type of lawyer they need to hire. Most HOA's think they need a "Real Estate" attorney to do the work. When they are actually INCORPORATED and are a non profit corporation. 90% of their issues don't even concern Real Estate. Plus you don't even need to hire a "HOA lawyer" if you know what your doing. A general lawyer will do for most cases you need one for. That is usually liens or foreclosures. Otherwise they are there for advice or worse case filing or defending against a lawsuit. Many HOA's also believe you have to have a lawyer on "retainer". That is another romanticized notion.

Not sure what duties they hired this lawyer for. Me personally I hire attorneys for the job need done. I don't practice law. I would not kick the board out because of their uneducated use of a lawyer. That happens amongst other vendors as well. It's not just isolated to lawyers. It is why need to verify that any vendor is licensed and insured. Should also extend to the professional lawyer as well.

Just a side note. When we did our foreclosure, we never got the check for it. Did not realize it. Went to the lawyers office on another matter. He opened up our file and the check fell out! The look on his face was priceless! Apparently he never gave the check over to our bookkeeper. He immediately apologized and handed over the check. Mistakes happen. Could I have sought legal retribution against him? Probably. Which is something the client may have chosen against this lawyer. We don't know the full story.

Former HOA President
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By JohnS111 on 03/07/2023 4:33 PM
The HOA where I own a vacation home has a HOA lawyer who had told the "BOARDD" (as he spelled it) that it was fine for board members to use proxies from a prior annual meeting as a basis for attaching owners' signatures to proxies for the most recent annual meeting, even though the proxies specifically stated that they were to be used only for votes at the annual meeting and then expired after 11 months.

I found this troubling, so I looked up the HOA lawyer. He had been suspended from practicing in another state due to some major ethics violations. So he moved to this state and set up a HOA practice.

I sent the lawyer's disciplinary history (there is a record of the suspension easily available online) to the "BOARDD" and asked why they had hired him.

The "BOARDD" said that they had no idea that he had been disciplined.

I know what to do here--organize and vote the "BOARDD" out--but is this common: a HOA board wouldn't even bother noticing that its lawyer had been suspended from practice for ethics violations? If you Google the lawyer, the suspension shows up pretty easily.

In a previous post, you said that Board was spelled "BORED".
JohnS111 (New York)
Posts: 228
Posted:
Quote:
Posted By MaxB4 on 03/08/2023 9:11 AM
Posted By JohnS111 on 03/07/2023 4:33 PM
The HOA where I own a vacation home has a HOA lawyer who had told the "BOARDD" (as he spelled it) that it was fine for board members to use proxies from a prior annual meeting as a basis for attaching owners' signatures to proxies for the most recent annual meeting, even though the proxies specifically stated that they were to be used only for votes at the annual meeting and then expired after 11 months.

I found this troubling, so I looked up the HOA lawyer. He had been suspended from practicing in another state due to some major ethics violations. So he moved to this state and set up a HOA practice.

I sent the lawyer's disciplinary history (there is a record of the suspension easily available online) to the "BOARDD" and asked why they had hired him.

The "BOARDD" said that they had no idea that he had been disciplined.

I know what to do here--organize and vote the "BOARDD" out--but is this common: a HOA board wouldn't even bother noticing that its lawyer had been suspended from practice for ethics violations? If you Google the lawyer, the suspension shows up pretty easily.


In a previous post, you said that Board was spelled "BORED".

That is correct; the lawyer spelled Board "BORED". He also spelled it "BOARDD".

Thanks, everyone. I just don't understand why a BORED/BOARDD or whatever this lawyer calls it wouldn't at least Google someone before hiring him or her. But such is life.

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