HOA LAW FIRM’S DECISIONS IN QUESTION
Hi Dennis ~
I have a question regarding decisions made by the law firm representing our HOA, the Royal Riviera Condominiums, LLC: were they in violation of any statute or law?
• Advised the management company and the Treasurer that our Board President who has sold her condo could continue to serve as Board President
• When Homeowner provided HOA amendment that prevents that, man. co & law firm retracted their decision
• Following that, advised man company to also remove myself (Secretary) and the VP of the Board; both of us are officers of the Trust that owns our individual condos
• When Homeowner advised the management company that we had legal rights to run/serve, the man company found the legal document and retracted that decision
I am looking for valid evidence-based reasons, hopefully of a legal nature, to approach &/or advise the Board and Community to vote to remove this attorney and management company.
I appreciate any other input/feedback you might provide me about this situation going forward!
Thank you ~ Laura
P.S. Back in March, I reached out to you about a bizarre scenario & you offered to come to one of our meetings. Unfortunately, I wasn’t able to take you up on it. So. if my name sounds familiar, that’s why, tho I’m aware you must get a vast amount of inquiries! Thx again
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Laura,
I would understand that the management company gave you the wrong information they are all basically incompetent. The lawyer knew better but initially just did what the board president ask him/her to do. The truth is totally irrelevant to attorneys, billable hours is all that matters. Your governing documents dictate eligibility to run for the board and most require that the board be a member of the association. There are no state laws that dictate this issue. If your community documents require that board members be members of the association then selling your home disqualifies you and that constitutes a resignation. Once elected board members can only be removed by either a resignation or recall. The board itself has no power to remove a duly elected or appointed board member. Once challenged the attorney then actually read your governing documents and rescinded their earlier position. As for your trust arrangement, while the trust is the owner of record the power to vote and serve on the board is assigned to the trustees established on the trust documents. This is not rocket science and in fact the duty of the association to establish who exactly are members of the association and who is eligible to vote on all matters of the association. There is nothing more fundamental to the records of any association and I cannot tell you how many associations that fail to establish this clear and important documentation. If you hire a so-called professional community manager this should be automatic and the very first thing, they make sure exist. But then again, this returns to my first comment all community managers are incompetent.
Dennis
Thank you, Dennis, for giving me your perspective – all valid points that echo what me & other Homeowners think. It’s just a matter of getting enough of them to vote this management company/law firm out. I appreciate your time & insight!
Thank you, Dennis, for giving me your perspective – all valid points that echo what me & other Homeowners think. It’s just a matter of getting enough of them to vote this management company/law firm out. I appreciate your time & insight!