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.