💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

NancyM2 (California)
Posts: 249
Posted:
My question would be what is required in disclosure statements. Our HOA attorney sends out a disclosure statement every quarter in the normal billing. It appears to have seven items under consideration. Included are two active law suits a (class action)that was settled three years ago, with no possibility of them coming back on us. (it's written in the settlement) One of the items about possible litigation over encroachments, which is old history and nothing ever done about it. Another item about possible suing former HOA attornys for malpractice, which is also old history with nothing being done about it. Another item is mentioned about an action that was settled recently and never went to court. as well as another mention of a suit we got dragged in on, and was recently settled in the court's.

Bottom line ~ two active (open) law suits. All these appear to make our community look very litigious to prospective buyers. Are all these necessary in a disclosure statement ?

I appreciate all input.

Nancy M.
RogerB (Colorado)
Posts: 5,067
Posted:
Get rid of the HOA attorney.
NancyM2 (California)
Posts: 249
Posted:
I would love to Roger, but am not in a position to do so. What I was wondering was ~~ are all the listed items on our disclorure statement necessary, (settled cases, encrochments etc.) or does it sound like she is padding this so it will look to our homeowners like we really need a full time attorney.

Nancy M
RogerB (Colorado)
Posts: 5,067
Posted:
Nancy, I think you answered your own question. If you don't think so, then ask the attorney why all this is necessary.
NancyM2 (California)
Posts: 249
Posted:
Roger, thank you again for your postings. If I asked, she would say "Very necessary" but then again she is not always truthfull. my problem is most people believe her because she is an attorney. and everyone knows attorneys don't lie.

Nancy M
GlenL (Ohio)
Posts: 5,491
Posted:
It seems to me the first question to ask is what type of attorney you have. Do they specialize in HOA matters or do they have a general practice? While not all states allow specialization, most attorneys find areas that they excel at. If the attorney knows HOA law in your state and says it’s necessary to have those item’s listed, it probably is. If on the other hand you have someone who
knows little of HOA law, they may just be trying to protect themselves; you did say one of the items was a lawsuit against a former attorney. It would be like going to a general surgeon for a nose job instead of a plastic surgeon, you may come out looking like Brad Pitt, or Pinocchio.

Studies show that 5 out of 4 people have problems with fractions

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here