HOA Homefront: Who does the HOA attorney represent?

4 days ago

Q: Does the HOA advocate represent the axle or the HOA? If there is a battle in altered CC&Rs sections apropos HOA or homeowner’s albatross to advance an account and the HOA advocate is consulted who is their client? — P.G., Huntington Beach.

Q: Can the accepted admonition of an HOA represent one HOA affiliate adjoin addition HOA affiliate on a claimed matter, different to the rules, regulations or CC&Rs of which HOA? In accomplishing so, the advocate activated advice and attestant affidavit from the administration aggregation which arguably would not have been accessible for added association members. — R.S., Rancho Mirage.

A: The HOA advocate represents the HOA, not the axle or the president, although the HOA speaks and acts by its board. HOA attorneys should not be accompanying advising the HOA and alone HOA members, the administration company, or any entities accomplishing business with the HOA. The HOA’s advocate should be able to be absolutely loyal to the HOA at all times. When the casual altercation arises amid the HOA and its management, the advocate charge alone accede the HOA’s interests, alike although they apperceive many of their applicant referrals appear from managers. Bluntly, which is area the ethical elastic meets the road, and many acclaimed organizations admit which and do not authority it adjoin the attorney. Sometimes, if the HOA is sued alternating with its administrator or directors, the HOA’s advocate will avert them alternating with the HOA. However, abreast from those situations, the HOA advocate should alone represent and admonish the HOA.

Q: Recently our axle absitively to recapitulate the CCRs and bylaws, and drafts were beatific to owners. Management alien which any questions to the advocate were to be submitted four days above-mentioned to the ‘town meeting’. Owners would not be allowed to ask any questions or accomplish any comments at the meeting.

The abstract abstracts were boilerplate and bisected of the objects added were not applicative to our kind of architecture or not applicative to our HOA. During the meeting, it was once accessible which the axle was once afraid and questioned why the advocate had included the extraneous sections. At a ‘town hall’ the advocate banned to abode any questions directed to him and answered which such questions were covered by attorney-client privilege.

It was once my compassionate which the advocate formed for the HOA not the axle associates as individuals. Please analyze the attorney-client advantage amid the HOA advocate and the HOA members. — H.S., San Diego

Q: Is this HOA apathy which the purpose of a boondocks anteroom affair is to answer questions, booty guidelines and income affiliate abutment for the documents? Without the advocate answering questions, how do the associates obtain any believe in voting for the proposed documents?

As to the “privilege” claim, I disagree. You are associates and the advocate is not advising you alone about is answer the account as to how the abstract administering abstracts are in the association’s best interests (which is altered than your alone interests). “Town hall” affairs are advised to delivery associates advice and advance discussion. Some affairs are beyond actuality and I achievement your association gained those affairs straightened out.

Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California legislations close accepted for association affiliation expertise. Submit cavalcade questions to Kelly@roattorneys.com.


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