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By CondoAssociation.com • March 18, 2019

Does lawyer representing HOA need proof of vote to file lawsuit?

Boards usually have one board member deal with the association attorney which usually is the President.  When the board member goes to the attorney to have a lawsuit filed against an owner for enforcement of a violation that has not been corrected. The board must vote to bring the lawsuit with a majority vote. But the board member that goes to the lawyer says the board voted to bring the suit with the majority vote but lied because there was no board vote. I believe that the attorney should ask for the minutes of the meeting with the vote and be signed by the secretary for proof of the vote. 

Must the attorney have proof of the vote? 
If the attorney did not get proof and filed the suit could he be liable? 
The board member or members can be liable for bringing the suit for lying.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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