HOAleader.com - Tip of the Week - October 12, 2013
Published: Sat, 10/12/13
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California Court Says Lawyer-at-Meeting Ban OK
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In this week's tip, we discuss a recent California appellate
court ruling raising an issue HOAs nationwide can and do face.
In May, a California court held in SB Liberty v. Isla Verde
Association that HOA boards aren't required to allow owners'
lawyers to speak, or even attend, association meetings. That
raises broader questions: Is there ever a need for owners to have
their own lawyer attend an HOA meeting? Should you let such a
participant speak? Can you ask the lawyer to leave? What happens
if the lawyer tries to hijack the meeting?
It's common for HOA governing documents to have provisions like
those in the Isla Verde HOA, restricting attendance at meetings
to only owners or members, and our experts advocate their clients
enforce those provisions consistently.
"We have this happen every once in a while," says Jenny Key, the
Austin, Texas-based vice president of RealManage, a San Rafael,
Calif., association management firm that oversees properties in
Arizona, California, Colorado, Florida, Louisiana, Nevada, and
Texas. "These are membership meetings, and you don't allow just
anybody to attend those. In addition, usually at board meetings,
owners aren't allowed to participate regardless. So generally, we
tell owners attorneys can't attend unless the association's
attorney attends as well. It's a good practice because owners'
lawyers typically attend when someone's not happy.
"However, we also have here in Texas what's called a 209 hearing,
and it takes place when someone's severely delinquent or in
violation," adds Key. "It's a last-ditch effort to resolve
problems. Sometimes an owner's attorney wants to attend, and that's
fine."
Corbin Seti, senior vice president of community and lifestyle
services at FirstService Residential (formerly known as RMI
Management) in Las Vegas, has also encountered lawyers' attending
meetings, and he says his company generally advises boards to
allow it. "We've had these situations, and we allow for owners to
show up with an attorney," he says. "There's no reason we
shouldn't."
Find out why, along with guidance on how you can approach the
issue, in our new article:
http://www.hoaleader.com/members/904.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Can Members Bring Their Lawyer to HOA Meetings?
In May, a California court held in SB Liberty v. Isla Verde Association that
HOA boards aren't required to allow owners' lawyers to speak, or even
attend, homeowner association meetings. Here we discuss the case and
broader questions like: Is there ever a need for owners to have their own
lawyer attend an HOA meeting? Should you let such a participant speak? Can
you ask the lawyer to leave? What happens if the lawyer tries to hijack the
meeting?
Click here to read full article:
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Why You Should Enforce Your HOA's Rules Reason 225: Justin Bieber
What does this teen heartthrob have to do with HOAs? He is a high-profile
example of why it's critical for you and your board of directors to enforce
your HOA rules. Here's why.
Click here to read full article:
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Can You Let an HOA Owner's Debt Slide?
In this week's tip, we discuss whether it's ever OK for you to tell delinquent
owners not to worry about paying off their debt to your HOA.
Click here to read full article:
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Forgiving Debt, Part I: Is It Ever OK to Forgive an Owner's Debt to Your HOA?
Mike Hunter, one of HOAleader.com's expert contributors, recently
fielded a question from a local home owner about whether homeowner
associations can forgive home owners' debts and, if so, when that would ever
be appropriate. Here Hunter and others give us the skinny.
Click here to read full article:
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Whose HOA Audit Is this, Anyway?
In this week's tip, we answer a reader's question about whether its
developer and management company can be trusted in hiring and directing an
auditor.
Click here to read full article:
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