Legal Advice Given to the Board Should be Public to the Homeowners
Because the members of the Board are acting for and on behalf of the Association and Association membership is ultimately liable for all Board actions, Association members have a right to know what legal advice Board members are given and how it is used. Allowing this information in executive session feeds an "us versus them" mentality and furthers the Board and legal counsels propensity to see their job as controlling homeowners rather than working on their behalf. Legal advice given to the Board paid for by the membership and given to the Board in their official capacities should be public. Executive meetings to receive legal advice should be prohibited. Executive meetings are used to shield the Board and their legal team from scrutiny. Potential bad judgement and decision making, vindictiveness or the legal team conspiring to control homeowners should all be public. Association members pay the legal bills, the insurance for the Board and any monetary judgement resulting from Board actions. They are entitled to know if the Board is using good judgement and decision making and whether or not the legal team is acting in the best interest of the Board or the membership.
Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.
Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.