Consulting with Association Attorney

Started by ElizabethC3 • 4 replies • 1464 views

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ElizabethC3 (Indiana)
Posts: 21

Posted:

I had requested the name and phone number of our association attorney from our President in order to set up an appointment to have him clarify and interpret a section of our Declaration for a few of the members. The President has informed me that the attorney does not want to consult with us directly because we may raise issues contrary to the positions the Board has taken. (precisely why we want a consultation). The President has told me the procedure will be to put our query in writing and the attorney will return an answer and comment to the Board. Then this information will be forwarded to us at the discretion of the Board. Pres wants me to compile our concerns and forward them to him first. So, can we or can we not have a confidential meeting with Association attorney when our concerns are with the President and Board's actions? First of all, I would not put us in a position that the attorney could bill us (individuals) any amount he wanted for his opinion and second, is there a set rule that says the Association attorney is strictly loyal to the Board and the members must channel everything through them for a legal opinion on our documents?

WilliamT (Arizona)
Posts: 489

Posted:

In my opinion it would be a conflict of interest for an attorney to represent a member of the community and the Association at the same time. That is because members can sue the Association, and vice versa.

If you want to consult an attorney to get information, then you must get a different attorney and pay him separately.

Otherwise you have to do it like this attorney tells you it has to be done. This attorney is obligated to work through the Board of Directors.

ElizabethC3 (Indiana)
Posts: 21

Posted:

I guess that's all I needed to know. Thanks for the info.

LanceT (Alabama)
Posts: 121

Posted:

Word of warning: If you sue your HOA your suing yourself (and neighbors). So be careful about that aspect.
If you want answers, first educate yourself on what a HOA is. I suggest you read a few posts here and find out if the answers are here. Do a Search for a topic. Mind you it is NOT legal advice but it will guide you in the right direction.
I don't think you should be contacting the HOA's attorney at all. You should be directing your concerns and questions to the board/president. That's what they are supposed to be there for. A homeowner's association is run by the homeowner's and FOR the homeowner's. The board is simply a group of VOLUNTEER homeowner's who were willing to run and be voted into a board position. Basically, the board is there to handle day-to-day issues that general membership don't want to do.
The HOA's attorney does represent the ENTIRE HOA but NOT the direct individual members. The attorney handles the issues as a "Group". You own 1/? of that right. Any decisions has to be based on Majority rule which most of the time is with the board since they are to be representing the "Majority" viewpoint. Hence, why the board tends to deal with the attorney and NOT you as an individual.
Just be careful. It can be a slippery slope your on once you go "legal" in a HOA.

Recovering Ex-President of a HOA

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By WilliamT on 02/05/2007 6:09 PM

In my opinion it would be a conflict of interest for an attorney to represent a member of the community and the Association at the same time. That is because members can sue the Association, and vice versa.

If you want to consult an attorney to get information, then you must get a different attorney and pay him separately.

Otherwise you have to do it like this attorney tells you it has to be done. This attorney is obligated to work through the Board of Directors.

I agree with William. Not only that, but even if the HOA attorney agreed to meet with you, you would be responsible for the expense, not the HOA.

And read Lance's post about suing yourself and your neighbors.

Ron
SC

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