Board Communications Condominium Governance Legal

Condo Unit Owner Hit with Legal Fees for Asking Non-Legal Question of Board

M.A. from Georgia writes:

Dear Mister Condo,

I received a letter from an attorney hired by the association of the condo I live in. In the letter, the attorney states that per condo law in Georgia, the condo can assess me any legal fees they incur at their whim in regards to anything. For instance, I wrote the association to find out when the monthly meeting is, and I was ignored, but received a letter from the association attorney accusing me of intimidating and threatening behavior plus telling me the association is under no obligation to publish or inform of when the meetings are. Is it legal for them to assess me legal fees of any amount for any reason at their whim, even though they are the ones hiring the attorney and creating expenses that are created by the association expressly to intimidate me and hurt me financially as there is no other reason for their behavior?

Mister Condo replies:

M.A., I am neither an attorney nor an expert in Georgia community association law so please accept my answer as friendly advice. For a true legal opinion, you should contact an attorney from your state, which I would certainly do if this abusive behavior from the Board continues. All associations are bound by their own governance documents as well as state and federal laws. Typically, notice of meeting is required for all associations under both their own governance documents and state laws. After all, these are corporations and as a unit owner, you are a shareholder in the corporation. Proper meeting notice should be mailed (or emailed if allowed) to all unit owners declaring time, place, and agenda. This does not require an attorney to do, just a simple notice. You also have the right to write to your Board. Their decision to use an attorney to reply is unusual but I suspect there may be more to the history between you and the Board then I am hearing about in this letter. Fight fire with fire if you need to. Hire your own attorney and challenge the expense and need of them hiring an attorney. It will cost both you and the Board money but just might make some Georgia attorneys happy. Good luck, M.A.!

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