HOA's Attorney

I think what most competent HOA attorneys would say is that they represent the HOA as a corporation. In some disputes, this comes down to doing as a Board majority wishes. Sometimes this requires rationalizing that doing as the Board majority wishes is in the best interests of the HOA attorney's client, the corporation.

I think the HOA attorney simultaneously being a HOA members is imprudent. But if it is disclosed, then I believe it's probably legally acceptable. The parallel to draw is with a corporation whose stock is publicly traded and so has shareholders. Can a corporation's attorney hold shares of the corporation and also legally represent the corporation? I think most of the time, yes. The net has some discussion about how the most likely conflict of interest is during corporate bankruptcy proceedings. Sometimes a corporate attorney may have to recuse him- or herself, under the Rules of Professional Conduct for attorneys.

That is not correct. The attorney represents the Association, NOT the BOD. While the BOD is the governing body of the Association, if you look at a letter from an HOA attorney, it will lead by saying, "as you know, this firm represents the Association".

If they get in a legal bind and are being sued, most often they would be represented by the attorney representing the insurance company.

Richard is correct. I misspoke.

I think most of us here understand how the bread is buttered.

As has been said, an Attorney representing the HOA, represents the corporate (or unincorporated) entity.
They do not represent the members of the Association.
They represent the Association itself.

Try to think of this differently.
The attorneys of a retail establishment represents the establishment, not the shareholders.
Members of the association are like the shareholders (in this example).

Yes, the attorney usually represents the person or entity that pays. The HOA pays the attorney and the attorney represents the HOA.

Ben said:

The attorney's duty is to the association's best interests. That does not conflict with being a member of the association. If it did, every member of the board would also have a conflict since they also have a duty to the association while being association members.

Conflicts can arise while serving on BOD. I have often voted for the greater good of the association when personally I did not like what we were doing. I just hope others do the same or excuse themselves if a conflict.

Example: The HOA attorney/owner is cited for a violation and decides to fight it. Let the conflicts begin.

First off it is best not to mention your HOA. 2nd this is better in a new post for us to respond to.

Are you a renter? The HOA can't evict you unless they are your landlord. Otherwise, it's up to your landlord if your a renter. If you are an owner, then they can't evict nor foreclose on you for a violation. You have to be behind in dues.

So there are many questions here. So please make a new post so we can properly respond and without the identifiers...

The attorney cannot represent any issue which may involve the attorney and the attorney’s own HOA property. That then becomes a conflict of interest. As others have noted ... The HOA attorney is supposed to represent ALL Owner’s equally with regards to any issue against the HOA. Yes the BOD chooses the attorney to represent the HOA, but it is not a BOD personal attorney and is an overall HOA “Corporate” attorney. If any BOD member needs an attorney they are responsible for hiring and paying for any such attorney to represent their own personal interests. The HOA attorney paid for via the assessments from all members is responsible for the best interests of all the members equally, not just the BOD.