Does the attorney represent the HOA or the Board?

Who is the attorney's client?

Does the attorney represent The Summit Community Association, Inc. (the HOA) or does she represent the Board of Directors?

When the lawyer established a lawyer-client relationship, the law firm would have issued an Engagement Letter for the Client's signature. It sets out the scope of the legal work and the fees to be charged. Often there is a range of fees, depending on who does the work; e.g., a senior partner, a junior partner, a paralegal, a legal assistant, a secretary, a receptionist. 

There should have been a Resolution at the time to approve engaging that law firm and authorizing the President and the Treasurer at that time to execute the Engagement Letter. Was there? Did they have a conversation at that time about whom the attorney would represent, if a conflict arose between the Members' interests and the Board's actions?

Why is this distinction about the Client important?

\The Board recently resolved to close monthly Board meetings to all but a few homeowners, because Justin accuses me of disrupting the meeting on August 8.

Why would he want to shut out ALL homeowners (Members) because he doesn't want me to attend? Could it be that I ask too many questions about the finances and the legality of the Board itself and of the Voting Members? Those are questions that every homeowner should be asking and that every Committee member, Voting Member, and Board Member ought to be asking.

When the Board of Directors takes an action that is against the best interests of the Members, whom does the attorney represent? The Board or the homeowners (the Association)?

No doubt the board members and the homeowners in Barony Place II are tiring of copies of the email exchange between the attorney and me. But should they be tiring of it?

Comments

Popular posts from this blog

What? No trampolines?

Open Letter to Barony Place "Voting Member"

Pet Peeve #1 - Tinted License Plate Covers