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Guest Pat

Our Condo Board of Managers meets monthly. The meeting is attended by all board members and also the Board's attorney. The attorney occasionally speaks on issues, legal and non-legal. She does not have voting rights. The by-laws do not specifically provide that the attorney has a right to be there and we have never voted on the matter. I am wondering if RONR provides limitations on this attorney to speak at the meeting. Have we waived any right to exclude or prevent the attorney from speaking? Could they be classified as an Ex Officio member since they are technically appointed by the board? Also, if they could be an Ex Officio member, do they enjoy full speaking rights?

Thanks for your Consideration,

Pat

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The Board may or may not invite non-members to a meeting of the Board. They can also grant that person the right to speak or not to speak.

As for ex-officio members, the By-laws or applicable statute would have to allow the Board to appoint ex-officio members. Some statutes amy allow the directors to appoint the Officers who may or may not have to be directors. If the Board is allowed to do so, the Board could appoint the attorney as a non-voting Officer - but only if the By-laws or statute allow it.

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Our Condo Board of Managers meets monthly. The meeting is attended by all board members and also the Board's attorney. The attorney occasionally speaks on issues, legal and non-legal. She does not have voting rights. The by-laws do not specifically provide that the attorney has a right to be there and we have never voted on the matter. I am wondering if RONR provides limitations on this attorney to speak at the meeting. Have we waived any right to exclude or prevent the attorney from speaking? Could they be classified as an Ex Officio member since they are technically appointed by the board? Also, if they could be an Ex Officio member, do they enjoy full speaking rights?

Thanks for your Consideration,

Pat

An attorney would be a non-member of the board, more in the nature of a staff member or consultant. She is presumably there to provide legal advice, and not to participate in debate on the merits of any motion, beyond informing the board as to its legal consequences.

Whether the attorney is required to be at every meeting, no meetings, or certain meetings at which specific topics are to be discussed are matters that (a majority of) the board can decide for itself, unless there are regulations that provide otherwise. There aren't any in RONR.

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