HOAleader.com - Tip of the Week - July 29, 2016
Published: Fri, 07/29/16
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When Secret Meetings with Your HOA’s Attorney May Be Wise
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In this week’s tip, we answer a reader’s question about whether it was wrong
for board members to contact the association attorney without getting full
board permission. They argued it was necessary because they were concerned
other board members might have been giving themselves special treatment
not given to owners.
It’s perfectly acceptable for associations to set protocols for who can
contact the association’s attorney and under what circumstances—but it’s
not done as often as you might think.
“This issue comes up a lot, and it’s often a problem because it’s not defined,
in my experience,” says Steve Cheifetz, a partner at Cheifetz Iannitelli
Marcolini in Phoenix. “You get a situation where you have an attorney on
call, like for regular assessment collection issues, and it’s not uncommon
for the president or other board members to pick up the phone and ask a
question. It’s often not defined in the bylaws who can call and when. And in my
experience, the lawyer will want to keep the board happy.”
Cheifetz has seen this problem explode into a battle. “I’ve seen it abused,”
he notes. “I’ve represented minority board members, and they’ll be upset
because certain board members will decide to contact the attorney, get
advice, and then in executive session say, ‘We talked to the attorney and
here’s what we’re going to do.’ The minority board members will say, ‘Wait a
minute! We didn’t know the attorney was being contacted.’
“And often times the answer you get to a legal question depends on the facts
presented to the attorney,” adds Cheifetz. “So the minority board members
will say, ‘Yeah, I’m sure the attorney said that, but what did you tell the
attorney?’ It’s a common issue, and there’s not a good solution. A lot of
these roles aren’t sufficiently defined.”
That’s why Cheifetz advocates for processes and procedures. Read about how
to create them and when to make an exception in our new article:
http://www.hoaleader.com/members/1405.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Strong Allegation: Condos Are Fleecing Residents
In this week's tip, we nudge you and ask, "Do your fees break your
state's laws?" Apparently, many condos in Miami do just that. The
Miami Herald has published an analysis of fees charged by local condo
associations to owners and renters concluding that many are "ripping
off" residents in violation of state law--and it predicts the
practices could lead to class action lawsuits against the associations.
Click here to read full article:
http://www.hoaleader.com/public/Strong-Allegation-Condos-Are-Fleecing-Residents.cfm
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Here's What Happens When You're Loose With Your Building's Access
In this week's tip, we tell you about a Minnesota court ruling challenging a
condo association's practice of allowing police unfettered access to
common areas.
Click here to read full article:
http://www.hoaleader.com/public/Heres-What-Happens-When-Youre-Loose-With-Your-Buildings-Access.cfm
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Who Can Contact Your HOA Attorney?
An HOAleader.com reader asks, "The new president and vice president
were reprimanded for contacting the HOA attorney. Questions were
confidential regarding account irregularities on other board members. Is
it normal HOA protocol to require the president to receive board approval
before consulting [the] attorney for legal answers about board
members?"
Click here to read full article:
http://www.hoaleader.com/members/Who-Can-Contact-Your-HOA-Attorney.cfm
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Condos Illegally "Ripping Off" Residents with Improper Fees
The Miami Herald has published an analysis of fees charged by local condo
associations to owners and renters concluding that many are "ripping
off" residents in violation of state law--and it predicts the
practices could lead to class action lawsuits against the associations.
Click here to read full article:
http://www.hoaleader.com/members/Condos-Illegally-Ripping-Off-Residents-with-Improper-Fees.cfm
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Leaving an HOA Building Key for First Responders: Here's One Outcome
A Minnesota court has ruled that a condo owner had no expectation of privacy
in the hallway of his condo association--even though the police entered the
condo by using a key left by the manager for emergencies. Here we explain the
case, and our experts discuss whether they'd advise a board to leave a key so
local authorities can access their private community.
Click here to read full article:
http://www.hoaleader.com/members/Leaving-HOA-Building-Key-for-First-Responders-Heres-One-Outcome.cfm
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