phone call from lawyer

Started by ParkP • 15 replies • 1513 views

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ParkP (Maryland)
Posts: 31

Posted:

had a post about requesting to review the books from new management, the first letter went out on 16 of July, next 23, we went to office on the day we said we would be available never hearing from management. No one was there the office was closed, had a neighbor go as well. Left a message on the 1st of August managements office. Today we get a message left on telephone the lawyer that represents, the association,( if i will call her she will answer any financial questions i have or concerns that i had with the board at meeting.) At the meeting in July the way the questions went I asked if the questions and comment could be reflected in the minutes. Is the lawyer representing management too ? Am not planning to call her back. Plan to let the other HO listen and hopefully they will realize we have rights. It is in the bylaws we have the right to inspect books.
plan to get more people into file a complaint with me to attorney general. Just can not get over the board hire family then you do not get to see books. Is this rare to request this. Jeanne 3 you did warn me if we went to management and they had a lawyer walk out & file complaint with attorney general. Thanks everyone

SusanW1 (Michigan)
Posts: 5,202

Posted:

You said: "Today we get a message left on telephone the lawyer that represents, the association,( if i will call her she will answer any financial questions i have or concerns that i had with the board at meeting.)"

Apparently the board has turned over your request to the lawyer to handle.

You can ask the lawyer the questions you have. Start there.

You want to see an itemized expenditure report showing all payments to these people you say are relatives of the board. You also want to see minutes of the meetings where these contractor bids were approved.

These are not unreasonable requests, but you need to know that there is nothing unethical about contracting with relatives to do a job. It just needs to be above board (tranparent).

P.S. PLEASE re-read (proofread) your communications to this board and to the lawyer. The lack of puncuation makes it VERY difficult to understand.

Good luck on your inquiries.

GeraldT4
Posts: 1,022

Posted:

ParkP - Are you living in a Condominium or Homeowners Association (single-family) style property.

If CONDO go to as follows: http://www.reesbroome.com/associations/files/statutes/Maryland%20Condominium%20Act.pdf

You will see that all owners are entitled by law to an annual budget 30 days before it's adoption. Section 11-116 (c) entitles you to examine the books with reasonable notice.

If Homeowners Association go to as follows:

http://www.reesbroome.com/associations/files/statutes/Maryland%20Homeowners%20Assoc%20Act.pdf

Section 11B-112 entitles you to examine the books with reasonable notice. The MHHA (Maryland Homeowners Association Act) itself entitles you to a copy of the estimated proposed or actual annual budget for the homeowners association for the current fiscal year, including a description of the replacement reserves for common area improvements, if any, and a copy of the current projected budget for the homeowners association based upon the development fully expanded in accordance with expansion rights contained in the declaration.

Since you may be dealing with the association attorney, rather than the cowards that running the association it's time for you to speak very strong with him/her and advise that you are aware of your rights, request the information you are entitled to, and not subject to any harassment by anyone for excessing those rights.

JeanneK3 (Maryland)
Posts: 562

Posted:

I agree with Susan and Gerard. Tell the attorney what you want to examine and follow up with a request letter to the attorney. You just might get all the information you want. If the attorney asks for a $300 "access fee" to examine the books as happened to a woman in Bethesda, get that in writing and file a complaint with the AG.

ParkP (Maryland)
Posts: 31

Posted:

On the message it was clear she will answer the questions about financials. My spouse felt this lawyer should have written a letter are not going to be allowed to see the books, This you could get it from the message, thought if the lawyer was involved they are charging the association money.

ParkP (Maryland)
Posts: 31

Posted:

single family

MicheleD (Kentucky)
Posts: 4,491

Posted:

Yes, they will charge the association for the phone time spent with you.

No, "answering your questions" about the financials is NOT the same thing as allowing you your right to access that information and/or copy it if you so desire.

The attorney will apparently be in a "filtering" posture, meaning, he or she will tell you ONLY what you ask and nothing more, and possibly not even completely what you ask.

Lawyers are good at "parsing" and "splitting hairs" and using "semantics."

So if you don't ask a particular question a specific way, you still won't probably get the information you want and to which you are entitled.

But it would not hurt for you to let the attorney know that you gave reasonable notice to visually review and inspect the financial documents and that is what he/she can provide you, not something spoken over the phone.

If he/she is not in position to allow you and the other neighbors to come into the office and review and/or copy whatever documents you want to review, then there is no reason to continue the phone call.

Let him/her know that you know your rights and that the AG may be interested in an apparent attempt to stonewall or shield a board from proper inspection of documents by the members.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Something else is going on here if the Board has hired a lawyer to answer questions involving simple financial data. H-m-m-m.

GeraldT4
Posts: 1,022

Posted:

Yes SusanW1 something else must be going on. The Board are shysters.

KirkW1 (Texas)
Posts: 1,665

Posted:

You must call the attorney back if you want to keep your cause. Failure to respond to the attorney will be an indication that you did not follow through on your side of the request. Once the attorney called you to speak, until you return the call they have covered what they must do.

I would call her and ask her what additional steps are needed to examine the books in accordance with state law and your covenants. If she says she will answer your questions, then ask her if you have the right in accordance with state law and your covenants to see the records. Then go back to the question of how you get to see the records. Go the rounds as many times as it takes. But do call her back.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By KirkW1 on 08/06/2008 5:13 PM
You must call the attorney back if you want to keep your cause. Failure to respond to the attorney will be an indication that you did not follow through on your side of the request. Once the attorney called you to speak, until you return the call they have covered what they must do.

I would call her and ask her what additional steps are needed to examine the books in accordance with state law and your covenants. If she says she will answer your questions, then ask her if you have the right in accordance with state law and your covenants to see the records. Then go back to the question of how you get to see the records. Go the rounds as many times as it takes. But do call her back.

Kirk,

Lawyers are notorious for "talking around" an issue. I wouldn't ask her what my right are; I would KNOW what they are before I speak to her. Then, if I know for certain I have the right to view and/or copy the records, if she says I don't, I can cite, chapter and verse. This attorney is working for the assn, not the member.

GeraldT4
Posts: 1,022

Posted:

Kirk - Agree with MaryA1 here. I sighted the law, no need to ask the atty. what is required. Plain and simple, when and where will the documents be available for review, when will the annual budget for 08-09 be provided, if not ratified that is a violation of state law of which I will take appropriate measures to correct. ParkP realizes, and all others in his/her association need to take matters into their own hands and that the dysfunction of the board is also a result of a lack of checks and balances.

ParkP (Maryland)
Posts: 31

Posted:

Hi, I am responding back in writing, then there is a record, of what was said on my part. You are so helpful, in pointing out what is best. another reason for written having to go out of town due to a death in family.Wondering when they hired the attorney, did they need proposal from three differnt ones? did they just hire her.Not sure of this, we are so in the dark about many things.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Our association has an attorney that we use, not on retainer, but more or less case-by-case. We don't really formally "hire" him for each letter or consultation, etc, we just send him the info and request he do X, Y, or Z with it.

So chances are the president, or whomever is the one that usually contacts the attorney, just picked up the phone and said, "Yeah, can you handle this Pain in the XXX for us?"

ParkP (Maryland)
Posts: 31

Posted:

wrote letter asking when, and where the books would be available to view.
Thank you to everyone.

KirkW1 (Texas)
Posts: 1,665

Posted:

I stand by what I said, regardless of my knowledge of the subject. You will not fair as well coming directly at an attorney as if you paint around the issue and trap them. Of course here in Texas I would record the conversation (without telling the attorney). But do not record a conversation without being sure of state laws regarding the matter. In same states it is a felony to record without permission of both parties. (In Texas only one party needs to consent and it is admissible in court.)

I would request the lawyer's address and ask outright if there is specific wording required in the request. I would follow the call with a certified letter sent to the attorney's office.

If I was heading out of town, I would simply skip to the certified letter stating my desire to examine the books of the association.

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