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Ray
Ray, Lawyer
Category: Real Estate Law
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Experience:  Texas Attorney for 30 years dealing in real estate
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State of California 1. Is it legal Board of Directors to

Customer Question

State of California
1. Is it legal for HOA Board of Directors to publish and distribute to the community,
names of homeowners involved in litigation against the HOA?
2. Is it legal for the attorney representing the HOA to attend as well as manage Board of
Directors Homeowner public board meetings?
3. Is it the Board of Directors privileged information how much compensation was paid
out to the attorney to prepare for, attend and mange the referenced meetings or are
they required to distribute a breakdown these costs if requested in writing by a
homeowner/member?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA.I am Ray and will be the expert helping you today.

Let's go through your questions..

. Is it legal for HOA Board of Directors to publish and distribute to the community, names of homeowners involved in litigation against the HOA?

It is public information here, lawsuits are public information so naming them is not necessarily illegal.Now it gets little more iffy if you are talking about collection suits against homeowners.That is more unsettled, see the web page below.The Davis Sterling does not prohibit it but it is not a good idea in general to publish names involved in collection suits.

2. Is it legal for the attorney representing the HOA to attend as well as manage Board of Directors Homeowner public board meetings?

It is legal for the HOA counsel to help with meetings and represent the HOA. He would be a non voting legal advisor.

3. Is it the Board of Directors privileged information how much compensation was paid out to the attorney to prepare for, attend and mange the referenced meetings or are they required to distribute a breakdown these costs if requested in writing by a homeowner/member?

The legal fees paid by the Board of Directors should be public information for the HOA members since they are paying the bill.The amount of fees should not be confidential.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

http://www.davis-stirling.com/MainIndex/PublishingNames/tabid/2272/Default.aspx#axzz3rQ5xZfek

Expert:  Ray replied 1 year ago.

HOA Records Homeowners Have a Right to Access Annual budget report (Civil Code Section 5300) Reserves Summary (Civil Code Section 5565) and account balances Interim financial statements Executed contracts Approved vendor or contractor proposals State and federal tax returns Any policy changes (Civil Code Section 5810) Meeting agendas and minutes Membership lists Check Registers Governing documents Documents for prospective purchasers (Civil Code Section 4525) - See more at: http://www.echo-ca.org/article/17-legal-rights-homeowners-living-hoas#sthash.PUGfqnma.dpuf

Legal fees would be in the items above as there would be a contract and expenditure for legal fees on financial statements.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating it is always sincerely ***** ***** again.

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