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Association's Lawyer at Board Meetings
QUESTION. Are attorneys required to attend the HOA's monthly board meetings? What happens when no members want to be on the board of directors; because previous law suits have been filed against them, no one wants to take on that responsibility.

ANSWER: There is no law requiring that attorneys attend board or membership meetings. However, boards will frequently ask legal counsel to attend meetings whenever someone starts threatening directors. Because board members are unpaid lay people who are not versed in the complexities of corporate law and the Davis-Stirling Act, it is not unusual that they would seek help by asking legal counsel to attend meetings until the crisis passes. I am always amazed at the ability of one person, whether a fellow director or a member of the audience, to generate chaos and drive up legal expenses. Their ranting, defamatory communications, and threats can force good directors off boards and create a large spike in legal expenses, which are ultimately paid by fellow owners through special assessments and higher monthly dues.

Adams Kessler PLC

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