HOAleader.com - Tip of the Week - May 19, 2017
Published: Fri, 05/19/17
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When Your Lawyer Should Be Your Date at Your HOA Meeting
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In this week’s tip, we help you determine when you need to crank open the association’s wallet and pay for your lawyer to attend your HOA meetings.
“I know some lawyers who refuse almost always to go to community association meetings,” jokes Matthew A. Drewes, a shareholder at DeWitt Mackall Crounse & Moore S.C. in Minneapolis.
Not Joshua Krut, who does attend community association client meetings when necessary. “In practice, I’m usually brought in because some associations ask the attorney to attend every annual meeting or to run the election,” says the partner at Kopelowitz Ostrow Ferguson Weiselberg Gilbert in Fort Lauderdale, Fla. “It’s the bigger associations that might bring me in for every annual meeting. But it’s expensive because of my hourly rate for just attending and because my participation may require me to conduct some preparation, too.”
Drewes agrees lawyers’ attending isn’t particularly common. “It costs something for the lawyer to be there,” he says. “For the most part, you’re not going to have items on the typical agenda that are going to warrant bringing in somebody at that expense just to have their feedback if needed.
“There are also a lot of things you can plan for,” notes Drewes. “Consult with the lawyer before the meeting. You can do things like figure out whether you’re entitled to close a portion of the meeting to discuss one of the topics enumerated in Minnesota statues that are allowed to be talked about in private. Those are things like potential conflicts with an owner or general legal matters where there’s an attorney-client privilege. Those can be prepared for, and you don’t need the lawyer present.”
That’s also the default position for Joe Winkler, vice president of marketing at Keystone Pacific Property Management in Irvine, Calif., which manages associations ranging from 2,000 to 4,000 units—about 65,000 units in total in Southern California. “Most times it’s not needed,” he says. “Ninety-nine percent of the time, people are very reasonable, and there’s no need to have your attorney there unless there’s a legal issue you need an answer to right now. It’s a waste of the association’s resources if everything’s running smoothly. It’s expensive and not necessary.”
On the other hand, there are times it’s wise. Find out the 4 Situations Where You Should Insist Your Lawyer Attend Your HOA’s Meetings in our new article:
https://www.hoaleader.com/members/2550.cfm
Best regards,
Matt Humphrey
President
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Upcoming Event -- THIS THURSDAY!
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Are You a Self-Managed HOA or Thinking About Going It Alone?
Know the Risks--and How to Minimize Them--to Protect Your HOA and Yourself
An HOAleader.com Webinar for Condo and HOA Boards
Thursday, May 25, 2017
2-3 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/self-managed-hoa-risks-a.cfm
Members save $30!
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Recent articles posted at HOAleader.com:
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HOA Elections: A Guide to Managing the Election Process at Condo and Homeowner Associations
In this report you'll discover tips from our editorial team and experts on HOA governance and management from across the country on how to plan, properly notice, and execute an HOA election. These are tips you can begin implementing immediately to make your elections run more smoothly and withstand challenges from disgruntled homeowners.
Click here to read full article:
https://www.hoaleader.com/public/HOA-Elections-Guide-Managing-Election-Process-at-Condo-Homeowner-Associations.cfm
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Are You a Self-Managed HOA or Thinking About Going It Alone?
Many condo and HOA boards have decided that they can effectively manage their community on their own. It can work for some associations. Maybe it's working for yours. Being self-managed can also be a very risky business--for your HOA and for you personally as a board member of a self-managed association. Whether you're currently self-managed or wondering whether it's a good idea for your association, find out where the hazards lurk--and how to minimize your risk--in an in-depth webinar on May 25, 2017.
Click here to read full article:
https://www.hoaleader.com/products/self-managed-hoa-risks-a.cfm
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4 Situations Where You Should Insist Your Lawyer Attend Your HOA's Meetings
Most HOAs don't require their lawyer to attend routine meetings. It's expensive, and not much happens that the lawyer needs to see first-hand. But there are four situations that should trigger you to ask your lawyer to make time to attend. Here's the skinny.
Click here to read full article:
https://www.hoaleader.com/members/4-Situations-Where-You-Should-Insist-Your-Lawyer-Attend-Your-HOAs-Meetings.cfm
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Did This Board Blow It By Not Letting Owners See a Buyout Offer?
Picture it: You get a lucrative offer from an outsider who wants to buy out all your owners and unwind your condo association. That's what happened in Illinois, and it appears the board told the investor to take a hike--without uttering a peep to the owners.
Click here to read full article:
https://www.hoaleader.com/members/Did-This-Board-Blow-It-By-Not-Letting-Owners-See-Buyout-Offer.cfm
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Don't Drive on HOA Sidewalks, and Other Absurd Things You Have to Tell Residents
In this week's tip, we have to warn you first that we're not making this stuff up. An HOA in Peoria, Ariz., is trying to figure out how to stop a renter from driving on the sidewalks to avoid the community's speed humps.
Click here to read full article:
https://www.hoaleader.com/public/Dont-Drive-on-HOA-Sidewalks-Other-Absurd-Things-You-Have-Tell-Residents.cfm
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Think You've Heard It All at Your HOA? We've Got a New One: Sidewalk Driving
This is not a joke. An HOA in Peoria, Ariz., is trying to figure out how to stop a renter from driving on the sidewalks to avoid the community's speed humps.
Click here to read full article:
https://www.hoaleader.com/members/Think-Youve-Heard-It-All-at-Your-HOA-Weve-Got-New-One-Sidewalk-Driving.cfm
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