Misappropriation funding
If an HOA/POA board is trying to fund things not allowed by our CC&R’s, is our only option suing them?
Also, they have stated on the record at Board Meetings that our Attorney has verified it. We have the board meeting on Video. We are sure they are lying and they refuse to show us Attorney communications or statements on this issue, stating Attorney Client Privilege. Wasn’t Attorney Client privilege broken/waived by them telling us that the Attorney approved it?
Additional; The Attorney did review the contract, that we do know, but that is all they were asked to do we believe. We believe the Attorney was never asked if this can be funded according to our CC&R’s. They are playing games and that is why they are refusing to show us Attorney Opinion. The Board published and read at a board meeting statements which were represented as coming from the attorney but there was no attorney/legal language, because it is clear that the management company or the President wrote it, not the attorney.
The Attorney will not communicate with us. Should I send the document they claim is the Attorney Opinion and the video to the Attorney so the Attorney can see that they are fraudulently representing their statements as coming from the Attorney? Will the Attorney read it and act on it if the attorney believes they are fraudulently claiming it came from the Attorney?
This is causing huge division and uproar in our community thank you very much for looking at this
Cindy
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Cindy, any written product from an attorney is privileged. and cannot be shared, or they lose that protection. Clearly, there is a trust issue in your community, and wherever that happens, the communities fall into turmoil and chaos. It is not coincidence that attorneys are directly involved wherever this happens. Why, you may ask? This is because the more turmoil there is in a community, the more billable hours the attorney gets to charge the association. Especially if the turmoil results in a homeowner getting fed up and suing the association for something.
While the homeowners indirectly pay for the attorney, the attorney does not represent them, in fact, the attorney does not represent the board. The attorneys’ client is the corporate entity that is the association. You are not their client, and they have no obligation to answer your inquiries unless the board asks them to.
Dennis