HOAleader.com - Tip of the Week - March 15, 2019
Published: Fri, 03/15/19
=================================================================
Bad Behavior That Could Lead to Your Condo/HOA Lawyer Telling You to Take a Hike
=================================================================
In this week’s tip, we warn you about bad board behavior that can push your lawyer to the brink.
“I think as counsel, and I think some of my colleagues would agree, that we have trouble breaking off a relationship with an association client,” explains Matt D. Ober, senior partner at Richardson Harman Ober, a Pasadena, Calif., law firm with a significant community association practice. “We believe they need us, and even though they may be struggling financially or in terms of governing, you don’t want to terminate the relationship with the client.”
But condo and HOA lawyers can, and do, terminate their relationship with some clients. Here are two of eight client behaviors that can cause your condo or HOA lawyer to ever so politely tell you to find new representation.
1. Stiffing your lawyer on the fees.
“Failure to pay is usually the number-one issue,” reports Joan Lewis-Heard, a senior associate at Swedelson Gottlieb in Los Angeles, who specializes in representing condos and HOAs.
2. Not being up-front and honest.
“I usually end up firing one or two a year—it’s not prevalent,” notes Todd J. Billy, an attorney at The Community Association Lawyers in St. Louis, who's licensed in Missouri and Illinois and has more than 1,000 active condo and HOA clients.
“By far the most common thread between all of them is that they made a material misleading statement,” says Billy. “Inherently with HOAs, you have a little telephone problem with managers, board members, and others calling you. That’s going to happen.
“What I’m talking about are times when boards knew they should have told us something and didn’t, or they’ve told us something that we can document is just a lie,” he explains. “It’s happened when a board materially misrepresented a violation, so we sent a violation letter. And very quickly, we discovered it was a personal dispute. Fortunately, the action wasn’t discriminatory but personal between the board and the owner. We let them know they could come get their file.”
Billy has actually had clients who’ve done that seek his services again later. “That board gets shuffled out, and I’ve had clients come back with a completely new board,” he says. “I’m OK with trying again then. I’m not willing to compromise my integrity, but if there’s new leadership and they understand the consequences of that behavior, I’ll try it. Taking this position is also helpful in that courts know we don’t mess around with that stuff.”
Catch all 8 Ways to Get Your Lawyer to Fire Your Condo/HOA in our new article:
https://www.hoaleader.com/members/3881.cfm
Best regards,
Matt Humphrey
President
=================================================================
Special Report Download -- BRAND-NEW!
Condo and HOA Financials:
How to Report, Manage, and Protect Your Association's Money
This report is another tool to help you more effectively oversee the finances underpinning all of your operations. We've sought the advice of legal and management experts nationwide to compile this comprehensive report on the best practices for handling financial reporting and management at your association.
Members can download the report now:
https://www.hoaleader.com/public/Condo-HOA-Financials-How-Report-Manage-Protect-Your-Associations-Money.cfm
Not a member yet? Start your trial membership, and download your copy now (Why not? It's free.)
https://www.hoaleader.com/details.cfm
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
8 Ways to Get Your Lawyer to Fire Your Condo/HOA
You know, you're not the only one with choices when it comes to your relationship with your community association lawyer. "I think as counsel, and I think some of my colleagues would agree, that we have trouble breaking off a relationship with an association client," explains Matt D. Ober, senior partner at Richardson Harman Ober, a Pasadena, Calif., law firm with a significant community association practice. We believe they need us, and even though they may be struggling financially or in terms of governing, you don't want to terminate the relationship with the client.
Click here to read full article:
https://www.hoaleader.com/members/8-Ways-Get-Your-Lawyer-Fire-Your-Condo-HOA.cfm
=================================================================
Smile, Your Condo/HOA Owners Are Filming Their Own Candid Camera Episodes
Sing along: I always feel like somebody's watching me! We can't help thinking of that tune as we write this week's tip on home security cams.
Click here to read full article:
https://www.hoaleader.com/members/Smile-Your-CondoHOA-Owners-Are-Filming-Their-Own-Candid-Camera-Episodes.cfm
=================================================================
5 Tips for Handling Condo/HOA Owners' Cameras
Maybe it would be easier today to ask homeowners to raise their hand if they don't have a camera installed somewhere around their home. With the explosion of DIY home camera systems, our experts say you should develop a camera policy earlier, rather than later.
Click here to read full article:
https://www.hoaleader.com/members/5-Tips-for-Handling-CondoHOA-Owners-Cameras.cfm
=================================================================
Arizona Court Throws Condo/HOA Fining Processes Into Doubt
We report on a recent Arizona case that caused quite a stir among community association lawyers in the state in this week's tip. You've probably never heard of Turtle Rock 3 v. Fisher. But it landed like a ton of bricks in the community association world in Arizona.
Click here to read full article:
https://www.hoaleader.com/members/Arizona-Court-Throws-CondoHOA-Fining-Processes-Into-Doubt.cfm
=================================================================
Is 2019 the Year Your Condo or HOA Does an Audit?
Audits are expensive! No argument from us. But they're also sometimes necessary. How often are they necessary? Here, our experts explain when they advise their clients to conduct an audit.
Click here to read full article:
https://www.hoaleader.com/members/2019-Year-Your-Condo-or-HOA-Does-Audit.cfm
=================================================================
Upcoming Event
Fight Fraud & Theft at Your HOA or Condo Association:
Steps to Take Today to Avoid Financial Catastrophe
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
This in-depth webinar will walk you through concrete steps you can take to protect your condo or HOA's money.
Thursday, March 28, 2019
2:00 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/fight-fraud-theft-hoa-a.cfm
Members save $30!
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
https://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to others.
Copyright 2019, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com