Do these docs fall under lawyer-client privilage in Florida?

[MikeLuk]

I am an owner in a condominium association in Florida. Our board of
directors
terminated our landscape contractor recently. The contractor plans to sue
(no lawsuit
has been filed yet).

My question is whether I have the right (as an owner) to request the
following documents:
- all accounting receipts (check stubs and invoices from the law firm) for
legal services incurred by our
board of directors, specifically the receipts for all expenses related
to this termination
case and all the prep work against a potential lawsuit
- all the correspondence (faxes, letters, etc) between the law firm and the
landscaping
contractor related to this termination case. Also, between our board and
the landscaping
contractor.

Chapter 718 (Condomonium Act) of Florida Statues says that all receipts have
to be
provided. It makes a few exceptions only for some documents prepared by an
associaton attorney
that fall under lawyer-client privilage. However, the Chapter 90 (section
90.502)
of Florida Statues defines a communication between lawyer and client as
"confidential" if it is not
intended to be disclosed to third persons. In other words, any
communicastion presented to third
party like a terminated contractor is no longer confidential and I should
have the right to see it.

The board of directors does not want to reveal any information related to
this termination case
on the grounds of lawyer-client privilage. The board claims it is on advice
of the lawyer.
But I found out by talking to the contractor that they did receive some
faxes from the lawyer
and the President of our association board. I want to get all those faxes
and all other correspondence
and I want to get them officially from the board. Secondly, if in fact the
lawyer made such an advice
to the board not to reveal any information (including all communication with
the terminated contractor)
and such information should be made available to me as an owner, I would
like to know whether this
constitutes gorunds for a complaint with the Florida Bar Association for
providing a wrong advice to
the board and blocking access to the critical information. Keep in mind that
the terminated contractor
distributed notices around our community claiming breach of contract. Our
board of directors refused
to answer any questions from the owners claiming lawyer-client privilage.
Also, the board claims to have
made this termination decision during so called an emergnecy meeting, i.e.
there were no notices posted
about any meetings and no owner had the chance to know about this
termination ahead of time.
Sooner or later, the board will have to justify the emergency nature of this
meeting, and explain many other things.
The Florida Condominium Act does not provide provisions for making such
decisions outside the meetings.

[MikeLuk]

<wha...@invalid.net> wrote in message
news:7eubduk5dfv206om5...@4ax.com...
> On Sun, 5 May 2002 22:42:17 -0400, "MikeLuk" <w...@www2.com> wrote:

> Your comments make you sound like you are attempting to obtain
> information on behalf of the contractor to the detriment of the
> proposed termination action being considered by the board?
>
> What is your actual objective in wanting to obtain these data?

Maybe you have not read my post correctly but I am requesting information
that the contractor already received from the lawyer or from the board.
I am also reqesting the information that the contractor already sent to
the lawyer and the board.

My objective is very simple. I want to see how my money is spent.
The board is spending my money to pay the lawyer. I want to be an informed
owner.
If the board fails to inform me ahead of time even though the Florida Condo
Act says I have a right
to be informed, and later the board denies to provide the critical
information
hiding behind lawyer-client privilage even though this privilage should
NOT apply to information already exchanged with the contractor, then
I think it is time for me to dig very deep.

[Subcomandante]

"MikeLuk" <w...@www2.com> wrote in message news:3cd60...@nopics.sjc...

Under the law, you have the right to ask the Association to show all the
above named documents.
However, you must show that your action is based on reasonable need to know,
and is not for purpose to harass the Association. The Association will
always claim that you are harassing.
Let me give you a legal advise and I ma not a lawyer.
Never rely on the law to achieve your legal objective!
The law is totally irrelevant in any legal action!
Always position your self so you can intimidate by way of the doubt!
The key to prevail in any legal action, whether or not you are using lawyer,
is to have your case bullet proof so the other side will blink.
If you do not achieve that they will blink the law will not help.
If you know how to play chess you know how to play the game and get all you
want from the Association..
If you know how to play poker you know how to gamble.
(See
http://ocsatire.com/cgi-bin/index.pl/Jail4Judges/Holodeck_Law_--_Litigation_
Vortex.htm)
-Subcomandante

[P.Flamingo]

That is the nature of HOA's - shrouded in secrecy. It doesn't matter that
the law may require that you have access to certain financial books,
records, documents whatever. If the BOD decides they don't want to show
themto you , then too bad. you will have to DIG VERY DEEP and sue the
board. My opinion on suing the board is it just isn't worth it. Check out
any of the following websites. One of which is located in Florida. Maybe
they can help you. Be very very cautious about getting sucked up into the
litigation vortex of HOA's. The board is backed by multi millions of
dollars in D&O insurance but for a mere $500.00 deductible. Not only will
you fund their litigation through your dues, you will fund your own.

THE HOMEOWNERS GATEWAY:
http://members.cox.net/terracewatch/HomeownerActivism.htm
every log and banner will link you to a homeowner advocacy group from across
the country.

"MikeLuk" <w...@www2.com> wrote in message news:3cd5f...@nopics.sjc...

[MikeLuk]

Do not worry about the board. I will take care of them fast. All it takes
is to contact the owners and threaten the board with a recall. This board
alienated many owners.

The issue here is whether I have a legal ground to request these documents.
The board is too dumb to understand these issues. However, I want to collect
all info and present the case to the association attorney so that he can
explain
it to the halfwits on the board.

"P.Flamingo" <NoMoZoo...@home.com> wrote in message
news:Q4xB8.24058$MS5.1...@news2.east.cox.net...

[MikeLuk]

"<..>" <jh...@mindspring.com> wrote in message
news:q2idduojsn9k5ev75...@4ax.com...

> On Mon, 6 May 2002 13:43:02 -0400, "MikeLuk" <w...@www2.com> wrote:
>
> >The issue here is whether I have a legal ground to request these
documents.
> >The board is too dumb to understand these issues. However, I want to
collect
> >all info and present the case to the association attorney so that he can
> >explain
> >it to the halfwits on the board.
>
>

> Have you asked YOUR attorney any of these questions? I would expect
> that an answer from an attorney who practices in the place this shit
> is going down would have better advice than the nitwits that you are
> getting advice from in this news group.

Do not worry about this group. The responses I get here and from other
groups are much more
intelligent than those I get from the association board. Also, this is only
part of my research. I also
read the releated Florida statutes and talk over the phone with state
regulators.
Better worry about your own reponse and make sure it is related to the
question.