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We are meeting with our Association Attorney – Help needed with creating a list of items we should ask

Started by BruceD11 replies • 1004 views

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BruceD1 (Georgia)
Posts: 59
Posted:
We are meeting with our Association attorney next month and are developing a list, see below, of questions that we would like for him to address. Can you think of any questions/issues that should be included?

1) Capital Reserve Fund vs. Operating Budget (can we move money that was earmarked for the capital reserves fund over to fund our operating budget)
2) Cars parking on public streets vs. our CRR’s (what can we do about cars that are consistently parked on our public streets?)
3) How foreclosures & bankruptcy effect HOA collections (what measures should we take to get what is owed to us?)
4) Board member and HOA volunteer insurance
5) Are board members required to police covenant violations? (Is it our responsibility to report violations to our MC if we see them? Concerns about being selective)
6) Proper board meeting minutes (do’s and don’ts – publish on website, potential home buyer requests, etc.)
7) By-laws or use rules changes (Do they have to be mailed to all members or can we publish on website? Members not in good standing does not have website access)
8) Does the board have the authority to give Association property, common ground, to Gwinnett County? (Detention ponds and the maintenance of)

Can you think of other questions that we should ask?
SheliaH (Indiana)
Posts: 6,964
Posted:
You're off to a good start with these questions. You may also want him to give a quick overview of federal laws HOA board members should be aware of (e.g. Americans with Disabilities Act - some HOAs have had dustups over allowing service animals, home modifications like wheelchair ramps, etc).

Getting help on creating a document retention policy may also be nice, if you don't already have one (our attorney also told us we should discuss this with our insurance carrier to make sure the policy is in line with coverage).

I must say you have A LOT of material you want covered, and since attorneys charge by the hour, your agenda may get a little pricey. You may want to review the list to see which items need to be addressed right now and reserve the meeting for that, and then get the rest of your questions answered via letter or perhaps during another meeting a few months from now.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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