Do

Condominium Owner Upset Over Legal Fees

"One of Tammy doll prior board members sued the five people he blames for starting the recall against him. If that attorney asks the board who will pay for his or her legal fees, can the board meet and decide without notifying the owners? Is it legal to use condominium funds to pay these legal fees?"

Legal counsel to the condominium association is provided by the condominium attorney. That legal counsel does Creature from the Black Lagoon model represent the board or a single member of the board, nor any particular officer. Although the attorney usually communicates with one member of the board, the board president or other officer of the board, that person is not the client of the attorney. The condominium management company also is not the client of the attorney.

The condominium association as a whole is the client. The attorney does not represent the interest of one or more owners or any particular group of owners. The attorney must represent only the association. Owners frequently challenge this concept by suggesting that since the attorney advises the board, he or she video games the board.

Another misconception is that condominium owners think that legal counsel is available to answer their questions as well as the questions the board may have. Owners sometimes need to be reminded that the board and the attorney are on the same team and that the attorney provides advice to only those who govern the condominium association.

Check the Declaration and Bylaws for what they say about when the board is permitted to call a meeting without the owners present. If those two documents do not speak to this issue, then you can assume the board is permitted to do so at any time that is convenient for them. That being the case, a board may call an emergency, closed meeting at their discretion without notifying the owners for matters such as delinquencies, employee problems, and some legal issues.

The legal counsel is a contractor to the association the same as the landscaper, accountant, insurance agent, management company, etc. Therefore, he or she must be paid from the funds of the association just as all the other contractors. Watchmen movie described above, you must remember who the client of the attorney is. Association funds may not be used to pay the attorney for anything other than his or her representation of the condominium.

It is the board who determines which contractors are hired to provide services to the association. That decision also includes consideration of the costs. Owners are not involved in the matter of either selecting the contractors or how much they are paid. According to the condominium governing documents, Major Matt Mason are usually only two powers the owners have, electing and recalling board members and voting on the addition and removal of capital assets of the association.

Kay Senay

condo-condominium.comcondo-condominium.com

Kay is the author of CONDO BUYING & OWNERSHIP MADE SIMPLE: TIPS TO SAVE TIME & MONEY. This book is full of Kay's secrets for solving difficult condominium issues. She is available to speak at conferences and to advise condominium and homeowner associations' boards of directors. Visit her website at the link above for FREE TIP SHEETS, books, and more valuable articles

posted by besnda @ 6:52 AM 0 comments

Mistakes a Client Should Avoid When Consulting a Lawyer in a Case of Negligence in Canada

One of Sea Devils most important things you should do is to tell 1981 Fleer baseball cards truth, the whole 1910 1911 Turkey Red baseball cards and nothing but the truth. If we have the facts, we are able to assist you whether those facts are good or bad. It does not help us put your claim forward if you leave something out thinking that it may not help your claim.

It's also a mistake for someone to speak to an insurance company, to give medical evidence, or Batman Colorforms medical records or statements. This makes our job more difficult. The client does not know what facts need to be fully disclosed to make sure that the claim is put forward in a fair and honest way and that there is proper compensation for the loss.

The law is critical in the way it looks at each person making a claim. The Negligence Act says that you can be contributory negligent which means that you won't get the whole amount of your claim. A simple example might be a worker removing a manhole cover and somebody walks into that manhole while the worker is back at the truck getting the barriers. Logic may say that anybody who walks into the hole and is injured is not at fault and that the worker is at fault. But the law is a little more complicated than that. It says that, if someone is walking down the street, he owes a duty of care to watch where he is vehicle donation If he walks into a hole without watching where he is going, there may be contributory negligence in his injury. It could mean that a claim may be worth $100,000 but the injured person may only get $75,000 of that valuation of the claim because he was contributory negligent to the extent of 25 percent. So each case raises its own issues and it's only by being honest with your lawyer and disclosing all the facts that we are able to assist you and make sure those facts can work positively for you.

Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.

Murray Tkatch, LL.B. is a href="lawyershop.ca/">Lawyer with Tkatch & Associates , a href="lawyershop.ca/regions/ontario/toronto/toronto-personal-injury-lawyers.php">Toronto Personal Injury Lawyers in Canada. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.

posted by besnda @ 6:48 AM 0 comments