HOA Homefront: Who does the HOA attorney represent?

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HOA Homefront: Who does the HOA attorney represent?
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HOA attorneys should not be simultaneously advising the HOA and individual HOA members, the management company, or any entities doing business with the HOA.

The HOA’s lawyer should be able to be completely loyal to the HOA at all times. When the occasional dispute arises between the HOA and its management, the lawyer must only consider the HOA’s interests, even though they know many of their client referrals come from managers. Bluntly, that is where the ethical rubber meets the road, and most reputable companies recognize that and do not hold it against the attorney.

The draft documents were boilerplate and half of the items added were not applicable to our type of building or not applicable to our HOA. During the meeting, it was obvious that the board was surprised and questioned why the attorney had included the irrelevant sections. At a ‘town hall’ the attorney refused to address any questions directed to him and said that such questions were covered by attorney-client privilege.

Q: Is this HOA forgetting that the purpose of a town hall meeting is to answer questions, take suggestions and gain member support for the documents? Without the lawyer answering questions, how do the members obtain any confidence in voting for the proposed documents?

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