For Whom Does the HOA's Attorney Work?

What's the right answer to that question, here in The Summit's HOA? Only one answer is correct.

  1. The Board President?
  2. The Board's leadership team (Pres., VP,  Sec'y., Treas.)?
  3. The Board of Directors?
  4. The management company?
  5. The Voting Members?
  6. The Members (homeowners) of the Association?
  7. The Association itself, composed of its 2,480 Members?
  8. All of the above?
  9. None of the above?

"Association counsel are hired to advise boards and help them comply with the law. Their role is to protect the legal interests of the association as a whole — not merely to defend the actions of incumbent board leadership."

This wise, clear statement in quotes comes from an industry newsletter I receive weekly from CIAMBA's SubStack. If you would like to see the entire email, request it from me and I shall forward it to you.

In the not-too-distant past, I believe The Summit's HOA did not customarily use its attorney to advise the board. I also believe the attorney didn't help them comply with the Governing Documents. Why not? I believe the attorney didn't because he was not asked to.

Even when I wrote directly to the law firm (the past firm and the current one), they did not need to pay much attention to my letter because, by written agreement (contract), they work for the Association, not for me. Attorneys are sometimes cautious about soliciting business from a client, even when they know errors are occurring. They wait for the client to ask for help. 

Example: When the current law firm of Turner Padget was being engaged (summer 2024), I alerted them to verify that the person contacting them (Danny Trapp, Board President) was the legitimate duly-elected President of the HOA. Did they? 

If they asked Danny, he would have said he was. But he wasn't, because he was not duly-elected by legitimate, bonafide, duly-elected Voting Members in November 2023. There was not even one duly-elected Voting Member at that time, not even from Barony Place.

When Danny told them to send me a Cease-and-Desist Letter, did they ask if that Board had approved that action? 

When Danny asked them to sue me in Circuit Court, did the law firm read the CC&Rs or ask if the Board had approved the litigation?

How much money did the HOA waste suing me? The final Total has not yet been revealed by the Board of Directors. Someone should ask. In writing. With a deadline for the resonse. All the bills are in. Legal action started in August 2024 and stopped on January 13, 2026, when the case was dismissed by the HOA.

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