Dismissal of Nordeen v MOA Lawsuit

2008 September 19
Last update: 2008 Sep 21. Click History for a list of changes and updates.

___The continuation of this post is an email to MOA Members concerning the dismissal of the Nordeen v MOA Lawsuit. Included is a discussion of the rule of law and democratic issues involved with governance of owners associations.

___The court order not only dismissed the lawsuit, but also created the possibility of significant personal liability if I proceeded with an appeal. The Opinion and Order creates a number of claims of reversible error including a major one of using an incorrect Standard of Review upon which the Opinion and Order is based. Had I won the lottery in August, I would have appealed the Court's decision in a heartbeat.

___Your comments are invited and are welcome. Thanks. I am available for discussion and to answer any questions.

Don Nordeen
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• Key Words:xx• Attorney Issues, • Governing Documents (General), • MOA Board of Directors, • MOA Governance, • MOA Members & Members' Rights, • Nordeen v Michaywé Owners Association, attorney, board of directors, breach of fiduciary duty, business judgment rule, bylaws, CC&Rs, Covenants Conditions and Restrictions, Declaration of Master Covenants, Conditions and Restrictions, dues, duties, duty of care, duty of loyalty, duty of obedience, duty to act, duty, fiduciary duties, fiduciary duty, fiduciary, governance, governing documents, governing, law, laws, lawsuit, members' rights, POA Board of Directors issues, POA governance, POA members' rights, restrictive covenant

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Which attorney should be believed?

2008 July 28  
Click History for a list of changes and updates.

__Maybe a more appropriate title is "Should any attorney for MOA be believed?" Or, what actions should a board take to ensure that any opinion of an attorney is likely to be valid under the law and governing documents?

__Part of the broader question is "Who does the attorney represent?" or "Who is the client?"

__The continuation of this post discusses these questions in the context of Article IX of the bylaws for which MOA has conflicting opinions from two different attorneys on whether or not the board of directors has the authority to amend the bylaws.

Don Nordeen
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• Key Words:_ • Attorney Issues, • Community Association • Governing Documents (General), •Members' Rights, • Michaywé Owners Association,  attorney, board of directors, engagement letter, governing documents, lawyer, organization as client, property owners association, transparency

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Document From MOA Board Re Nordeen v MOA

2008 July 27

Click History for a list of changes and updates.

__A one-page undated yellow insert entitled, Re: Nordeen v MOA, was included with the 2008 May Business Review on the Nordeen v MOA lawsuit. "Signed" by the board or directors, it doesn't even have many of the counts properly described. The Complaint in the lawsuit speaks for itself. The document is available on the

__This is another example of the board not providing full and accurate information to the members. Providing full and accurate information requires an understanding of the issues.

__The continuation of this post provides my discussion of the lawsuit followed by the text from the Board's yellow paper with my comments added. Please call for a confidential discussion.

Don Nordeen
(989) 939-8240
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• Key Words:_ access; access to records; accounting; Accounting Principles; accounting standards; AICPA; AICPA Audit & Accounting Guide; AICPA Audit & Accounting Guide for Common Interest Reality Associations; Attorney Issues; breach of fiduciary duty; business judgment rule; case law; CC&Rs; CI/DR Dues; closed session; complaint; consolidated financial statement; Covenants Conditions and Restrictions; duty of care; duty of loyalty; duty of obedience; duty to act; executive session; fiduciary duty; lawsuit; Members' Motion; members' rights; Michaywé; Michaywe; Michaywé Owners Association; Michaywe Owners Association; open meetings; organization as client; planned unit development; prudent person; PUD; restrictive covenant; roles and responsibilities

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Letter to MOA Board re Nordeen v MOA

2008 April 05
Click History for a list of changes and updates.

__The continuation of this post is a letter to the MOA Board of Directors Re Nordeen v MOA and Related Issues. The letter includes three attachments: A. Overview of why this lawsuit; B. Roles of Board and Attorney; and C. Fiduciary Duty. Posted for members' information. Comments are welcome. Please scroll down to the end of this post after the attachments.

__A PDF file of this letter with its three attachments can be downloaded at 2008 Apr 05 Letter to the Board.

__The Complaint in Nordeen v MOA is available at Complaint, MOA Governing Documents.

__Some of the links in this post are to the password-restricted website. See the Welcome page to gain access.

Don Nordeen
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• Key Words:xxKeyWords

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