Does the Association have access to "attorney client privileged information"

I'm thinking the Association is the client - since the board oversees the association's affairs, that would explain why the letter is addressed to it. The property manager received a copy to put in the Association's records. As to what might happen if privileged information wound up in the wrong hands, that's a question you should address to your local bar association. Because it's privileged information, I don't think it could be used as evidence in a lawsuit.

I think whoever passed out that letter behaved stupidly - if there's an issue about the use of the common element, there are other ways to publicize one's concerns without trying to do an end run around the Board. I suspect whoever passed it out got it from a board member, who may or may not also be part of the committee (maybe he/she doesn't agree with the board's position and leaked the letter). Since you have a letter that basically said the same thing, there was no reason for you to get the attorney's letter.

I don't know if anyone will own up to doing this, but I think an investigation is appropriate. If it was passed out at a committee meeting and no one's talking, it may be necessary to dump all the committee members and appoint new ones - and this time start with clear instructions on what is and isn't appropriate behavior.

This group is so helpful. Truly.

The board released the information to me in February.

The board is retaliatory and they view me as a problem.

I did not disclose the private information and don't know who obtained it.

There aren't any financial damages that could be derived from disclosure, so that's a relief. If they do file a charge, and against me for some reason, it would be extremely retaliatory especially given that I have the same letter and it was obtained legally.

It was odd that they looked at me, glared, and said whoever obtained the letter was going to be held liable.

Those old enough to remember Watergate know that once the toothpaste is out of the tube you cannot get it back in.

Any advice the attorney provides will likely be marked "attorney client privileged communication". It is up to the client whether he wishes to keep this private or distribute it.

There is no legal action I know of that can be taken against someone who has received a privileged communication, except to prevent further distribution.

Recourse could be taken against the person who originally provided copies of the attorney's letters. The most obvious would be to terminate the employment or contract for the management company.

This board sounds a bit lax in its procedures. If the board wished to keep the attorney's advice confidential it should have instructed the management company to withhold distribution of this letter. If it was really all that confidential, the board should have directed their attorney to respond directly to them and not through the management company. It sounds like the board did want to handle its own mail and is now suffering the consequences of having confidential information sent to a third party.