For Whom Does the HOA's Attorney Work?

When a HOA has an attorney, who is his boss?

Is it the Members (homeowners) of the HOA? Or is it the Board of Directors? Or is it the HOA's President?

If the HOA engages (retains) the attorney and pays his legal fees, doesn't he represent the Members of the HOA?

If the HOA's President or the Board tells him to do something that is not the best interest of the Members (the HOA), what does he do?

Does he say, "That's not right. The correct way to do this is to follow the CC&Rs and the By-Laws."

Was the attorney informed last spring that the HOA had no legitimate Voting Members? And, because of that, the HOA had no legitimate Directors? And, because of that, the HOA had no legitimate Officers? And, because of that, there was no one who could legitimately engage his law firm or him to represent the HOA?

Did he tell Danny, "I can't represent the Summit Community Association, Inc. You have an attorney. I can't advise you while you have another law firm."

And, later, when Danny complained to him about me, did he ask for evidence before he sent me a Cease & Desist Letter, alleging "false accusations" and "harassing" board members, office employees, and representatives? And did they discuss that he would refuse to tell me the basis of the alleged "false accusations" and "harassment"?

Did he ask (or research) whether the Board could initiate legal action against me?

Did he ask, "Gus Philpott is just asking you to comply with the CC&Rs and By-Laws. Are you violating them?" What did Danny say, if the attorney did ask that? Did the attorney explain that the HOA is violating them?

How can polite, professional, business correspondence be harassment? And how can the attorney himself feel harassed, if he is sent a copy of it?

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