can my attorney attend the how election meeting

by Ms. Rebeka Steuber 7 min read

Can I bring a lawyer to an employee meeting?

Not Joshua Krut, who does attend community association client meetings when necessary. "In practice, I'm usually brought in because some associations ask the attorney to attend every annual meeting or to run the election," says the partner at Kopelowitz Ostrow Ferguson Weiselberg Gilbert in Fort Lauderdale, Fla.

Can a specific power of attorney attend a board meeting?

Nov 26, 2019 · What this means is that if an agent wants to attend an association meeting on behalf of a member, then attendance at meetings must be listed in the POA document. What about voting in elections? Can the holder of the POA vote on behalf of a unit owner? As is often the case with questions posed to attorneys, the answer is “it depends.”

Who is entitled to attend a meeting of the board?

May 19, 2017 · Not Joshua Krut, who does attend community association client meetings when necessary. "In practice, I'm usually brought in because some associations ask the attorney to attend every annual meeting or to run the election," says the partner at Kopelowitz Ostrow Ferguson Weiselberg Gilbert in Fort Lauderdale, Fla.

What to do if you are called into a meeting?

Sep 03, 2013 · On the day of the meeting, the Short’s attorney showed up as indicated, and refused to leave, forcing the Board to adjourn the meeting to another location. In response to the Board’s denial, the Short’s executed a Specific Power of Attorney granting their attorney the right to attend board meetings on their behalf.

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Does an email count as a meeting?

Civil Code Section 4090(a) defines a “meeting” to include: ... Thus, where a quorum of the board (typically, a majority of the directors) discusses or deliberates upon an “item of business” via a series of emails, such communications would constitute an email meeting that is prohibited under Civil Code Section 4910(b).

Can HOA board members meet in private in Florida?

Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations.Oct 23, 2018

Do cities have attorney client privilege?

2: Does the individual City official hold the privilege when the City Attorney provides him/her confidential advice? Brief Answer: Individual Councilmembers do not hold the attorney-client privilege when the City Attorney provides them advice.May 3, 2017

Does the Michigan Open Meetings Act apply to homeowners associations?

The OMA and FOIA are effective means by which to keep Michigan citizens informed regarding governmental affairs by requiring public meetings to be open, and by making governmental records readily accessible. They will not generally apply to a private community association.May 12, 2016

Can board members talk to each other?

The most frequently used permitted interaction, section 92-2.5(a), HRS, allows two board members to discuss any board business, without limitation, so long as they do not make or seek a commitment to vote.Jul 23, 2013

How long can a board member serve in Florida?

8 consecutive yearsEffective July 1, 2018, the Florida Condominium Act was amended to provide that a board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election, or unless there are not enough eligible candidates to fill the ...Jun 5, 2021

Who is the client of a government lawyer?

The government lawyer's client properly understood is an elected official or, in certain cases, an agency head with legal authority independent of elected officials. As a general matter, through elections or law, the people have chosen these individuals - and not the government lawyer - to represent their interests.

What is the Open Meetings Act Michigan?

The basic intent of the Michigan Open Meetings Act is to require public bodies to conduct business at open meetings. ... The Act sets forth regulations for public meetings that include notification, public participation, rules for holding closed meetings, and the legal requirements for meeting minutes.

Are HOA legally binding?

While the rules and regulations of an HOA are legally binding for association members, they generally aren't enforceable by law enforcement. Instead, violations of association guidelines are considered a civil matter between the HOA and offending member.

Who regulates HOA in Michigan?

Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in the state of Michigan. The Elliott-Larsen Civil Rights Act, or Public Act 453 of 1976.

What happens if you refuse to attend a meeting?

If you do refuse to attend the meeting, then your employer can (and quite possibly will) discipline you, and it may make it more difficult to pursue a legitimate legal claim .

Can you record a conversation in Texas?

In Texas, individuals have the legal right to record conversations that they are a party to . That means that you cannot be charged criminally for recording a conversation that you are a party to. However, employers may still have policies that prohibit employees from recording any conversations at work. It is important to first refer ...

Can you request a third party to be present in a meeting?

You can request that a third party be present in the meeting to witness everything. This third party could be a co-worker, someone from HR, or someone from management. However, there is nothing that requires an employer to provide a third-party witness in a meeting. In Texas, individuals have the legal right to record conversations ...

Applying legal leverage

In a situation like this, alarmed shareholders will join together to hire an attorney to advise them on the process of calling a special meeting, and ultimately help ensure that an election, when held, is fair.

Ensuring a fair election

Getting a shareholders meeting doesn’t necessarily mean there’s going to be a shake-up of the board. “The shareholders who are demanding the meeting need to organize so that when the meeting is actually held, the election is fair and they will prevail,” says Wagner.

The shift to virtual meetings

There are several companies with experience of conducting virtual elections and they have grown in popularity as a result of the pandemic. The companies also offer balloting and oversight services. There’s anecdotal evidence of more shareholder involvement at virtual meetings but there may still be some unresolved questions.

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