While some condos and HOAs have a lawyer present on its board, the majority of boards don’t have a legal expert and often reach out to their lawyer to answer questions, vet documents, send the occasional stern letter to a contractor or recalcitrant resident, and handle any litigation that’s not avoidable by other means.
The problem is that sometimes the board will reach out a little too often and call attorneys about things that boards should already know, have nothing to do with the lawyer or are just the same questions that are asked over and over. Then there are those boards that don’t call their lawyers enough, trying to do things on their own that they shouldn’t be.
It depends on the lawyer and the lawyer/client relationship, but a competent lawyer needs to be prepared to give difficult advice to the board members if the actions are not in the best interest of the association.
We polled some area lawyers to come up with a list of the “Top 5 Things Attorneys Wish Boards Knew.”
Who You Gonna Call?
Sometimes a board might be having a problem with a resident, whether it be his or her unruly actions, disregarding rules or abusing certain common areas. A board that takes matters into their own hands can sometimes put themselves at risk.