When is an attorney response appropriate?

Started by JoyceS1 • 4 replies • 1532 views

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JoyceS1 (Indiana)
Posts: 140

Posted:

When, if ever, is it appropriate to have an attorney respond to a homeowner's complaint?

After numerous responses from past Boards of directors and the management company, we have an individual who continues to bring up the same complaint over and over.

She basically doesn't trust the board(s)and doesn't trust the management company.

Does anyone believe an attorney's response to her complaint might make any bigger impression?

I will bring this proposal before the board at our next meeting. For now, I'm curious as to how members of this site view this dilemma.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

JoyceS1,

Try to avoid the attorney's response, at all costs. The only impression you are going to make is that you have something to hide.

That said, I think you need to provide some detail regarding the owners complaint. 1) What are her requests, what is the complaint(s) that is happening over and over 2) when did it start, 3) are the complaint(s) in writing, 4) Is the complaint something the board has adequately responded to. Provide some detail that may warrant posters to respond to you with the yeah, or neah of an attorney response.

Owners need to be provided or have access to the financials, budgets, or information that shows where the money is going. Without that info, mistrust and sometimes paranoia happens. It's a two-way street with board members and residents regarding trust, and communication.

Just because this owner has spoken up, does not mean there aren't others that share her concerns. I'm not advocating ruling by the consensus of silence or just one complaint. However, it only takes one bad egg to spoil the bunch, and rumors spread like wild-fire.

GeraldT1
NNJ

RogerB (Colorado)
Posts: 5,067

Posted:

Joyce, I agree with Gerald. After you have followed his advice the chair at Board meetings does not need to recognize them to allow them to present the old complaints again.

BradP (Kansas)
Posts: 2,640

Posted:

Joyce:

I agree, an attorney response will only antagonize the situation. The only time it would be appropriate is if you are involved in a lawsuit.

JoyceS1 (Indiana)
Posts: 140

Posted:

GeraldT

The situation is a bit involved to go into here. In summary, the board addressed the issue, had experts look at the situation, again, and experts reenforced the board's action that there was no further problem. The response to the complaintant was verbal and also put in writing.

As far as homeowners having access to information... A newsletter is mailed quarterly or more often if the need arises, minutes are mailed also. They have access to financials by requesting a copy.

Good advice about using an attorney only if a lawsuit is involved.

Once again, the folks on this site provide good feedback.

Thanks!

Joyce

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