By Jan Bergemann
In a perfect community association world the association attorney would make sure that the interests of all members of the community are represented when acting on behalf of the association. The actions of the attorney would benefit all members of the community – since all are paying the legal bills equally. Board members and owners should be able to rely on an attorney, who acts as the professional the association hired to represent its legal interest.
But since we are not in a perfect community association world, we see lots of problems caused by association attorneys who make it their main objective to protect the members of the board who signed their retainer agreement and who sign the checks – no matter what. It should not be the task of the association attorney to find ways to circumvent the statutes and the governing documents in order to please the board members who may have a private agenda or try to defend their personal egos.
We see frivolous lawsuits filed all the time, filed by overeager association attorneys – just because some board member has something to hide and doesn’t like an outspoken owner to challenge his/her “private agenda.” These lawsuits are definitely not in the best interest of these associations or the paying members.
Homeowners do not have to much to do with “homeowners associations” the ones who manage the life of the homeowners are the “managements companies and their lawyers” because they do not work in behalf of the community, the medium class, everything is about Money, their income, and Government policy to get people without rights to defend themself. How could be possible that it is needed 66% of members to vote for make changes on rules (by-laws, deed restriction, etc) and the “Government” the Senate, autrorize 2 yes, two people named Board of Director to make changes without notify the homeowners or require their aproval. and We can not reverse their desicions. and the Lawyers, managers and management company work for them even were wrong, because Money. that’s all.
There’s no etics on Association Attorneys at all. They are ruled by “Client Privilege” rules and they are their own clients, they need keep an income, it does not matter what. They get money from the association through the management company, big team. When something is wrong, nothing is wrong. or they can said. What do you want for me to said, yes? no? maybe? Board of Directors sometimes want be recognize by society as good ones, and do not care for reading and understand the monthly report, the rules, deeds, bank accounts, etc. etc. How could be what the homeowners being protected? Senate do not have time to understand people needs.