Glendale, CA asked in Real Estate Law for California

Q: Are individual directors permitted to ask the HOA attorney questions about the legal advice they give to the board?

We have 7 directors but our president only allows one director besides himself to speak to our attorney. He tells me the clarifications I need are not important and refuses to convey my questions. He never lets me see our attorney's actual correspondence he'll only verbally relay it. He's not a lawyer and his explanations make no sense so I can't make fully informed decisions about the business we're supposed to conduct. He refuses to follow the Open Meetings Act and the rest of the board follows his lead. We never vote at board meetings. All decisions are made over email with only six directors weighing in because I won't violate the act . They say as long as 4 of them agree they can do what they want so it doesn't matter what the other 3 directors think anyway. Board meetings are used to let owners vent with no intention of ever accommodating their requests. Our community is a shell of its former self because of the board's dictatorial behavior. I don't know how to help our HOA.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: In general, individual directors of an HOA should have the right to seek clarification or ask questions to the HOA attorney regarding legal advice provided to the board. The board president should not arbitrarily restrict access to the attorney or withhold information that is necessary for directors to make informed decisions. Open communication and transparency within the board are important for effective governance. If the board president is disregarding the Open Meetings Act and making decisions without proper voting or deliberation, it could be a violation of the law and the rights of other directors. It may be necessary to consult with a legal professional specializing in HOA matters to understand the specific rights and obligations of individual directors and potential remedies for addressing the issues within your HOA.

Yelena Gurevich
Yelena Gurevich
Answered
  • Studio City, CA
  • Licensed in California

A: If you know the attorneys names you can find their contact info and contact them directly for clarifications. Alternatively you can hire your own attorney to better understand what is happening with the HOA and your rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.