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nm posted:Pretty much yes. I'd look for someone who knows something about the California open meeting act\brown act. Real estate might be useful too. I appreciate your thoughts. I recommended to the other board members that we look to lawyer up, but no one else on the board wants to spend the money. To quote our treasurer: "We aren't being sued, and we don't want to sue anyone." Any anecdotes I can point to that might sway them? I'm outnumbered 4-1 on this. My "this could all end in expensive, adjudicated, tears" sense is tingling, but no one else's are. Obviously the answer might be to lawyer up all on my lonesome, but unfortunately if that is the answer, I'd rather just resign from the board. I don't have that kind of budget. That would suck for me, because I care about (some) of the stuff we work on, and being on this board has actually given me a lot of chances to push for things I care about in venues I wouldn't have been part of otherwise.
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May 9, 2016 17:39
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Hermsgervørden posted:I appreciate your thoughts. I recommended to the other board members that we look to lawyer up, but no one else on the board wants to spend the money. To quote our treasurer: "We aren't being sued, and we don't want to sue anyone." Any anecdotes I can point to that might sway them? I'm outnumbered 4-1 on this. My "this could all end in expensive, adjudicated, tears" sense is tingling, but no one else's are. What the hell are you doing in a public meeting that you're so scared of being recorded? If she's got a giant news camera with a tripod just tape off an area that she's allowed to set up in so it's not in the way.
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May 9, 2016 17:54
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spacetoaster posted:What the hell are you doing in a public meeting that you're so scared of being recorded? This has been my question since the start. It's a public meeting. If anyone is saying things they shouldn't be - especially board members - you have way bigger problems than someone recording and posting it.
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May 9, 2016 18:08
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This is one of two things: A) Everybody hates creeper phone guy, and wants an easy way to make him go away (probably no lawyer) B) There is legitimate concern about potential litigation, and this person is documenting it (yes lawyer) If its B), then why would you willfully expose yourself to liability by participating in the HOA?
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May 9, 2016 18:17
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spacetoaster posted:What the hell are you doing in a public meeting that you're so scared of being recorded? If she's got a giant news camera with a tripod just tape off an area that she's allowed to set up in so it's not in the way. Motronic posted:This has been my question since the start. It's a public meeting. If anyone is saying things they shouldn't be - especially board members - you have way bigger problems than someone recording and posting it. Well, I don't think anyone on the board is saying or doing anything they should't be, and I don't personally mind being recorded. Some of the membership are a lot more shy about it, and have said privately to us that they feel chilled about speaking up. This is especially the case for some of the people who have neighbors they are having a hard time getting along with in the first place. It doesn't help that the recorder is openly antagonistic toward everyone who disagrees, and indicates that she intends use the recordings to discredit us somehow. My takeaway is that it is probably a bad (very bad?) idea to try to kick her out/prevent her from recording? blarzgh posted:This is one of two things: It's not an HOA, it's a Neighborhood Association, if that in any way matters. I'd say we are in the A) camp, but the creeper has a sizable posse of supporters. The neighborhood is starting to feel like this: https://www.youtube.com/watch?v=4zFg2qByF4E https://www.youtube.com/watch?v=Plz-bhcHryc
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May 9, 2016 18:34
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Uh maybe you folks could assert yourselves a little better? "Gee Maggie, you seem dissatisfied with something. We use these meetings to problem solve and keep the neighborhood on the same page, do you have something you'd like to get on the agenda?" And then don't use your public meeting for gossip and bickering; if you wouldn't feel comfortable being recorded saying it, that's how you know it's not appropriate for a public forum. Save that stuff for your patio, where Maggie isn't invited. If she's got a crazy bug up her rear end, let her be the crazy one. Also consider giving her a job to do to keep her busy.
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May 9, 2016 18:42
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Hermsgervørden posted:Well, I don't think anyone on the board is saying or doing anything they should't be, and I don't personally mind being recorded. Some of the membership are a lot more shy about it, and have said privately to us that they feel chilled about speaking up.  If you're too "shy" to be recorded/talk/be a human don't get involved in associations that have public meetings.The world outside your house isn't a safespace.
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May 9, 2016 19:11
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Schedule two meetings. Have the official one with this tedious woman in which you only discuss fairly banal stuff, and then go to the pub afterwards with the more sensible members in which you can discuss how dreadful she is and anything else you and the others would rather not have recorded.
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May 9, 2016 19:21
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https://firstamendmentcoalition.org/2009/06/aa-right-to-videotape-school-board-meetings/quote:Government Code section 54953.5 provides that any person attending an open and public meeting shall have the right to record the proceedings with an audio or video tape recorder or a still motion picture camera in the absence of a reasonable finding that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. Interpret that how you will
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May 9, 2016 20:17
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EugeneJ posted:https://firstamendmentcoalition.org/2009/06/aa-right-to-videotape-school-board-meetings/ quote:54951. As used in this chapter, "local agency" means a county, I don't think those definitions implicitly or expressly include an HOA. Edit: This goofy website has an opinion: this goofy website posted:State laws vary, but in California, Penal Code Section 632 makes it a crime to record confidential conversations without the other persons consent. By definition open meetings are not confidential. and this is what the goofy website bases its opinion on. CAPC 632 posted:(a) Every person who, intentionally and without the consent of all parties to a confidential communication... shall be punished... blarzgh fucked around with this message at 20:43 on May 9, 2016 |
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May 9, 2016 20:37
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My understanding is the brown act applies to HOAs. This is why I said to speak to a lawyer because I don't know much about this area.
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May 9, 2016 21:18
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blarzgh posted:I don't think those definitions implicitly or expressly include an HOA. https://firstamendmentcoalition.org/2009/06/aa-brown-act-and-home-owners-associations/ We are explicitly not an HOA, nor are we a non-profit. So I don't actually know if we are subject to the Brown Act, but I would like to figure that out. In any case, it sure sounds like the recorder is within her rights to record, and I am suggesting to the board that at the next meeting we simply ask at the beginning of the meeting if anyone is recording, and then leave it at that. I don't know what it says about me that I'm so stressed out about this, but I feel dog-piled on even in this thread, and I'm just asking questions trying to know as much as I can, and not be completely blindsided by something. Still, I think you goons are trying to help, so thank you.
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May 9, 2016 21:22
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Here in Texas, there's no difference between an HOA, NA, Condo rear end'n, etc., and they're all private entities, and don't receive public funding and the Brown Act as written wouldn't apply. Out there in LIBS-VILLE, GEORGE ORWELL'S NINETEEN EIGHTY-FORNIA, who knows.
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May 9, 2016 21:38
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Also, chill out. Everything will be fine.
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May 9, 2016 21:41
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It wouldn't be a bad idea to record the meeting yourself and throw it on YouTube - that prevents dipshit from editing her footage and presenting it to her advantage, and if you put it online she probably won't go through the hassle of recording it herself. Maybe she won't even come!
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May 9, 2016 21:55
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EugeneJ posted:It wouldn't be a bad idea to record the meeting yourself and throw it on YouTube - that prevents dipshit from editing her footage and presenting it to her advantage, and if you put it online she probably won't go through the hassle of recording it herself. Maybe she won't even come! If he monetizes the views on those videos does this turn the Neighbourhood Association into a commercial venture?
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May 9, 2016 22:22
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I would advise getting the largest video camera that you can find, and just have it focused on recorder person's face the entire meeting.
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May 9, 2016 22:37
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Discendo Vox posted:I would advise getting the largest video camera that you can find, and just have it focused on recorder person's face the entire meeting. Also some industrial fans to drown out any noise.
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May 9, 2016 23:03
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I'm glad that my job literally has a person in the room taking down everything I say and reducing it to written record. That really limits the bad things I say.
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May 9, 2016 23:40
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Hot Dog Day #91 posted:I'm glad that my job literally has a person in the room taking down everything I say and reducing it to written record. That really limits the bad things I say. You just have to be more nuanced with the dick jokes
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May 10, 2016 00:30
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Lowness 72 posted:You just have to be more nuanced with the dick jokes "If the court recorder could please read back the transcript for the defense's last statement." "Eight equal sign equal sign equal sign equal sign D. If you know what I mean."
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May 10, 2016 00:35
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Our local big time "tough on drunk driving injuries" attorney was arrested Saturday night for... you guessed it! Drunk driving after being pulled over for speeding on the beach in his sweet Lambo! http://weartv.com/news/local/attorney-arrested-for-dui-refused-intoxilyzer-test I really like the part where after being arrested he asks the cop if they can step out of the officers car and "go and sit out over there and try to figure this out". His commercials air non stop where he goes on and on about how he is going to come after you if you drink and drive and injure someone. Anyone have any idea what the chances are he will just end up getting out of this completely by refusing the field tests and breath test? Do they just take blood at that point? It wasn't mentioned in the article if they did that or not. Could this screw his career? Will he end up in front of the BAR because of this?
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May 10, 2016 01:11
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Technically he's a PI lawyer not a prosecutor, so he really can't get tough on dwi. It's hilarious when a DA or judge gets a dwi.
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May 10, 2016 01:25
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Lowness 72 posted:You just have to be more nuanced with the dick jokes 
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May 10, 2016 01:39
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Is there any general time it takes for a will/trust to execute? If it's too long can the executor be nudged to respond?
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May 10, 2016 02:35
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Blockhead posted:Our local big time "tough on drunk driving injuries" attorney was arrested Saturday night for... you guessed it! Drunk driving after being pulled over for speeding on the beach in his sweet Lambo! http://weartv.com/news/local/attorney-arrested-for-dui-refused-intoxilyzer-test I really like the part where after being arrested he asks the cop if they can step out of the officers car and "go and sit out over there and try to figure this out". His commercials air non stop where he goes on and on about how he is going to come after you if you drink and drive and injure someone. Anyone have any idea what the chances are he will just end up getting out of this completely by refusing the field tests and breath test? Do they just take blood at that point? It wasn't mentioned in the article if they did that or not. Could this screw his career? Will he end up in front of the BAR because of this? I don't know, but I like how you correctly used the acronym for British Accredited Registry.
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May 10, 2016 02:55
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Phil Moscowitz posted:I don't know, but I like how you correctly used the acronym for British Accredited Registry. Ah I hadn't noticed I left off the Association and always thought it was capitalized. I figured it was clear from the original post I don't know a ton about this type of thing so I'm sorry. I just enjoy following this thread and thought everyone else would enjoy the story and could answer my few questions.
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May 10, 2016 03:24
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toplitzin posted:Is there any general time it takes for a will/trust to execute? Any interested party can apply to probate the estate. The executor is just the person named in the will who's supposed to be in charge of distributing property once the Court admits the will to probate. Every state has a statute of limitations, so there is a deadline to bring the application.
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May 10, 2016 14:38
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blarzgh posted:Any interested party can apply to probate the estate. The executor is just the person named in the will who's supposed to be in charge of distributing property once the Court admits the will to probate. Every state has a statute of limitations, so there is a deadline to bring the application. I don't even know if the will has been officially read/entered into probate. More details: My grandmother passed 2+ years ago now. There was a will, my uncle is/was both P.o.A and the executor/personal representative. He doesn't reply to any communications (phone, voicemail, email, but haven't done certified mail, or certified mail on an law office header) so i have no idea what even the basic status is. According to some cursory googling, average estate resolution in Michigan is 7-12 months. Frankly, at this point i don't care about the $ figure, i just want the closure and to be done with that side of the family. Edit: I guess the first step would be to find out if the court has issued the Letters of Authority for Personal Representative, which would mean things are at least moving. Reading the letter says they would have to complete their work in a year, am i reading this right? "CONTINUED ADMINISTRATION: If the estate is not settled within 1 year after the first personal representative's appointment, you must file with the court and send to each interested person a notice that the estate remains under administration, specifying the reasons for the continued administration. You must give this notice within 28 days of the first anniversary of the first personal representative's appointment and all subsequent anniversaries during which the administration remains uncompleted. If such a notice is not received, an interested person may petition the court for a hearing on the necessity for continued administration or for closure of the estate. [MCL 700.3703(4), MCL 700.3951(3), MCR 5.144, MCR 5.307, MCR 5.310] DUTY TO COMPLETE ADMINISTRATION OF ESTATE: You must complete the administration of the estate and file appropriate closing papers with the court. Failure to do so may result in personal assessment of costs. [MCR 5.310]" double edit: It looks like everything may have been moved to a trust before she died, so somehow that gums up the works, but I'm not sure. toplitzin fucked around with this message at 21:00 on May 10, 2016 |
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May 10, 2016 14:48
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You should hire a lawyer to investigate the status. The more you do on your own, the cheaper it will be (e.g. Contacting probate court, seeing if the Will has been admitted to probate, obtaining the documents, etc). But it sounds like you're getting into contested probate area, and that's when you really need a lawyer to plow the fields. It'll cost money. Blatzgh, you're a probate guy right? How can he minimize costs?
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May 10, 2016 18:03
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Court reporters really can't read back transcripts much anymore because they mostly stopped typing. Sad.
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May 10, 2016 18:08
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euphronius posted:Court reporters really can't read back transcripts much anymore because they mostly stopped typing. On the subject of typing. It's weird to me that in this age of computers that typing isn't more of a thing. I type around 80 words a minute and some people look at me like I'm some kind of wizard because of it.
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May 10, 2016 18:17
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I imagine it's just like how everyone owns a car but can barely operate it. If you can do it enough to function, why be good at it?
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May 10, 2016 19:18
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I am not a lawyer, but i do live in Michigan and in the past 4 years i have been executor/Personal Representative to two estates, so i can mention a few things that might help. Both of my Letters of Authority granting me PR status lasted exactly one year from when they were filed with the court/signed by the judge (both of mine had two "expires on" dates...) My lawyer (I had a lawyer for the 2nd one because it was much more complicated) said that even though it expired in a year, everything should be taken care of in the next few months (it was) BUT that anyone could file a claim against the estate (Both were intestate) which would cause them to petition to reopen the estate, even if it was 20 years later. I just looked through my own trust, and i don't see any date of expiry or anything that specifies a a date that determines when it is no longer valid, assuming it's the most current/up to date copy. Anecdote, there was a lady in line in front of us who said that she was finally ready to close her husbands estate. He died in 1987.
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May 10, 2016 22:57
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Unless he, or someone he knows can run title and pull real property records, and knows how to convince a bank to turn over account information to someone's nephew, there aren't a ton of ways to save money. Fat loving lot of good its going to do him though, since his uncle with power of attorney drained the estate dry 18 months ago, and has been stringing everyone along, hoping the most follow-up they do is posting on an internet forum two years after the fact. Edit: Sorry bout your gram gram. Prepare to lose family relationships over this. blarzgh fucked around with this message at 02:54 on May 11, 2016 |
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May 11, 2016 02:52
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Classic blarzgh!
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May 11, 2016 04:39
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Just replying to update everyone, no doubt perched on the edges of your collective seats in anxious anticipation of the resolution to this, the most momentous of issues: our Neighborhood Association met and obnoxious recorder lady was a no show. Board agreed that all we have to do is put a notice that the meeting might be recorded on our agendas and no longer give even a single drat. Oh also we are not subject to the Brown Act. All is right with the world, the thread may now relax.
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May 11, 2016 07:17
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It's a legal question thread success story! Booo
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May 11, 2016 08:48
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poo poo, all this talk of wills and all has me worried. As far as I know, and she's told me, my mom says I get everything when she dies. The house (which is old and in need of repairs) and any leftover money from her parents (which is mostly tied up in stocks), her car, etc. I don't think my brother expects anything but I really hope he doesn't decide to contest a will she's made over 5 years ago and in sound mind.
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May 11, 2016 10:14
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blarzgh posted:Unless he, or someone he knows can run title and pull real property records, and knows how to convince a bank to turn over account information to someone's nephew, there aren't a ton of ways to save money. It's ok. mom is already grumpy that i'm wanting to force her brother to deal with it. My current plan is to just retain and attorney to send a letter to shake the tree, and then wait til next year. The reason I'll wait is that 'll have pre-paid legal through work then and can use that instead of paying out of pocket.
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May 11, 2016 14:33
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