HOA Attorney's WHO are they for?

The HOA attorney works for the Association plural, not singular as in for any specific owner. When an owner sues the Association, everyone pays for it from the maintenance which is collected for the budget and reserves, so, yes, all owners take a hit when one sues the Association. It would be a conflict of interest for the Association attorney to represent an owner.

The two above posts are correct. The HOA attorney would represent, most likely, the Association itself (the entity that is the HOA), or perhaps the Board.

I don't understand "claim against them and could include me". Is the board member telling you to sue the neighbor, or sue the HOA, or something else?

Either way, I'd just stay out of it.

This HOA director is wrong and an idiot. Unfortunately this is not uncommon. If this directors' fellow directors are as stupid, then this may very well explain why an Owner is suing to inspect records which he or she is likely entitled to inspect under the law.

I have all of the records the declarations, the rules, the formation, bylaws, the whole 9 yards. I am not the one suing. My neighbor is demanding records and claiming that the HOA does not enforce the rules and using me as an example. She is a sociopath and it is okay for her to break a difference rule, so she thinks. I understand that the attorney is acting collectively now for the HOA but, it does not make sense that he or the board members would not include me in or talk to me about what she is suing for. I am not denying that they are not very strict to enforce the rules. For example, my psycho neighbor has a camera aimed at my front door and my front porch. Any time that I step out front she is recording on her Blink camera every movement I make and any thing that I say. In Texas, there is a 2 party consent rule. I have lived here for over 20 years and this nutcase moved in 3 years ago. I have gotten along in harmony with everyone here until she moved in. She is constantly walking up to my door taking pics of anything that may be out there or poking her head over the fence and looking onto my patio taking pics. I cannot go outside and do anything without her appearing some where to confront me. She also connected theater sound through her tv and stereo and i have had to call the police on her many times because it disturbs me and vibrates my walls. I have 3 years worth of police reports where she has called and some where I have had to call. It all started with parking. One of my vehicles I park right in front of the sidewalk that leads to my door only. She tries to park in front of her place but does not have the skills to get close to the curb since it is in a circle. She has called the police and lied to them telling them that the HOA fined me for parking there and that they had asked me to move, which was a lie. When that did not work she put tow stickers on my windows.

in 2019 she cut my internet cable after I had texted her and told her that spectrum had come out and installed internet and that they would come back and bury the cable in 3 days. the cable crossed over the sidewalk which leads to her entrance and it was marked with flags. 2 hours later my internet stopped working and she had cut the cable. I went over there to find out wth and she lunged at me so i held up my hand to defend myself and she said I assaulted her and pressed charges. There was no evidence and case was dropped. Any time that she does anything such as shovel 3 years worth of debris onto my patio from her balcony, trap my cat and leave him on her balcony unattended, rip my chimes out of the tree and throw them at my front door, etc etc etc she always makes up something and calls the police on me. I have complained to the HOA about her music and they say that they are not going to get involved with the spats between her and I. Even though the rules say that no one is allowed to make noise such as slamming doors which she does or music that disturbs a neighbor.

I kind of got off track a little what i meant to say is that because of the camera aimed at my front door, I put 3 artificial trees out there to obstruct the view of her camera. Even though the property manager and one of the board members walked the property to assess appearance due to her complaining they did not mention anything about it. Turns out everyone had violations and so they did nothing

There is so much more to the story. It is a story that i am sick of though. lol

Well this new information changes everythings. If Owner Sally is attempting to get Owner Jane to comply with the covenants, then Owner Sally may very well name both the HOA and Owner Jane as defendants in a lawsuit. In this case, the HOA attorney does not represent you. You would have to find your own attorney. This is not uncommon.

Ideally, you could work this out with your neighbor without going to court.

OK, missed the part that you are on the defensive. Sorry about that.

All I can suggest is to protect yourself.
Video surveillance would be one step.

Contrary to what you believe, Texas is a one-party consent State. Of course, one can also record where there isn't an expectation of privacy. Therefore, I would keep a recorder app on your phone. If you encounter her (not confront, encounter) then start recording.

This is likely the best way to be prepared to defend yourself if a court case comes about.

Regarding the legal action against the HOA.
It's an issue between the HOA and your neighbor.
Even if it is about you, you are not a party in the case.
If you become a party to the case, then you should hire an attorney for advice.
However, because you also have recordings, you have something for the attorney to work with.

May be so but the HOA is a NON Profit Corporation and therefore I do believe they will not be held liable

I did not cause damage to her. She has caused damage to me however, with her constant harassment and stalking. She cannot restrain herself if we run into each other. She parks on the other side of where I park so that she can walk in front of my entryway that way she make snide remarks on my camera. I have never known or lived around someone like her.

our documents do say that I can incur the legal expense of attorney and the cost of doing whatever it is that they want me to do to get the trees that I placed to block my neighbors camera if I do not do it. We have had an unprecedented snow storm this week and lost power and all so I cannot much of anything at this point. Thank you for your help

"In Texas, there is a 2 party consent rule."

I'm not an attorney but I believe Texas is a one-party consent state. Either way, one or two-party consent applies to audio recording, not video. Your neighbor can video you or anyone else from her property.

In my experience, HOA attorneys are in place to advocate for the HOA, and to fulfill their obligations they are directed by the elected representatives of the HOA-- the board.

This in turn means that they are directed by what is essentially the Board majority on any given legal matter.

So let's say for example you are not just a homeowner, you are actually a Board member. Let's say you feel that your HOA Board has through action or inaction failed to comply with an aspect of applicable civil code, corporations code, and/or even federal law.

Let's say 3 of 5 Board members don't want to rectify the situation.

Well even if you are a Board member in this scenario, the HOA attorney cannot respond to any request for action from you as a sole member of the Board. Their client is the corporation, and the corporation is legally run by the Board, and in turn a Board majority.

That has been my experience.

It is not just the video. I know she can do that. She has told me things the day after that I have discussed with someone at my door.

She names me in the claim and demand letter which is still just a claim and demand letter for the HOA to up all of documents, contracts, etc. and to also force me to do some things or undo some things that I have done in my front yard to improve the appearance. Her attorney says that he will advise her to sue the HOA and also sue me if her demands are not meet by the coming March 4, 2021

Well, per your postings you did fail to comply with the governing documents.

Many will threaten legal action but not take any (typically once they find out the cost).
If legal action is taken, it can cost a lot to defend yourself.

My advice is an easy fix. Comply with the governing documents.

Put in requests after the fact for the exterior changes you made.
If they are denied - work with the board to find alternatives.

When you submit your request, if applicable, make sure to include others who have made similar changes and specify that you are not asking for anything different then what has already been approved for others (expect that they received approval).

Jane

Are you on the BOD or just a caretaker of the records? If a caretaker only, how did you get into this position?