While some condos and HOAs are lucky enough to have lawyers serve as members of their board, the majority of boards don’t have an in-house legal expert. They often reach out to their attorney 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 too often, calling attorneys about things the board should already know, or which have nothing to do with the lawyer, or that are just variations of the same questions that are asked over and over. Then there are those boards that don’t call their lawyers enough, and try to do things on their own that they really shouldn’t attempt.
It depends on the lawyer and the attorney-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?
Often times, boards make the mistake of taking legal matters into their own hands in an effort to save funds. However, this is a misstep that can lead to financial woes much greater than the cost of professional counsel.