HOA attorney not putting any legal opinions in writing

Started by RickO • 6 replies • 1447 views

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RickO (West Virginia)
Posts: 21

Posted:

Question. When the HOA board requests legal advice from the HOA attorney, wouldn't it be standard practice for him to present his legal opinion in written form? Our attorney has refused to do this on several occasions and the board has had to meet with him with two board members present in order to make sure his oral opinion was understood.

That make any sense to anyone?

The one time he did write his legal opinion, in the matter of the attempted removal of a board member by the board itself, he was completely wrong. There is now a lawsuit filed against the board because of their illegal attempt to remove the vice president and their improper calling of a special meeting. The board gave 23 hours notice of the special meeting, which is against bylaw (14 days notice)and state code (at least 2 days notice or whatever the bylaws state if the timeframe is longer than 2 days), plus the meeting notice did not state that the meeting was called for the removal of a director....plus the board doesn't have the power to remove a duly elected director either.

Thanks.

RogerB (Colorado)
Posts: 5,067

Posted:

RickO, it seems to me your association has a much more serious problem than getting legal opinions in writing. Apparently the BOD can not read their own Bylaws and has hire an incompetent attorney. A good MA might be helpful

MicheleD (Kentucky)
Posts: 4,491

Posted:

Roger is dead on accurate.

Sounds like this attorney may not specialize in HOA matters.

Our attorney doesn't issue "written" opinions, per se.

But if we request clarification in an email or letter, he will reply back in kind.

Weird.

EllenS1 (Florida)
Posts: 1,148

Posted:

Ricky,

Why are you still using this attorney?

RickO (West Virginia)
Posts: 21

Posted:

Believe me, at the next meeting I will be making a motion that we look into hiring another attorney to represent us. lol

MaryA1 (Arizona)
Posts: 7,043

Posted:

Rick,

I don't know what the standard procedure is. IMO, if the attorney meets with the board members and discusses certain matters I don't know that he would then send a letter outlining what was said. The secretary should have taken minutes and stated, verbatim, any legal opinions given by the attorney. But, if the BOD emails or sends a letter to the attorney asking for a legal opinion, I would think he would reply by letter or email. If the BOD takes a legal action based upon the legal advice of an attorney I would think they should have that legal advice in writing b/4 the lawsuit is filed. In this particular case I believe the BOD was at just as much fault as the attorney. The BOD should be smart enough to have all bases covered b/4 entering into a legal action.

JohnM3 (Florida)
Posts: 288

Posted:

Rick: The Board pays his salary he is an employee give him a choice write or your fired period. Its time that the HOA started to act like they are running a business not a social Club. Keep in mind I do not have acopy of the ccrs for this hoa
Cheers

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