ASSOCIATION'S ATTORNEY

Who Does the Attorney Represent? The association's attorney, as legal counsel to the association, does not represent individual directors or owners. The association's legal counsel represents the association as a whole. Smith v. Laguna Sur Community Assn. As a result, even though owners' dues pay for the attorney, owners do not have the right to call the attorney and ask questions.

Interaction with the Board. The association's attorney interacts with the board because the association speaks and acts through its board, which is elected by the membership. Normally, the board designates the president to act as liaison with the attorney so as to avoid conflicting instructions from different directors, and to avoid unnecessary legal fees from excessive telephone calls to the lawyer.

Communication With Directors. Because the attorney acts as legal counsel for the corporation rather than individual directors, the attorney generally cannot agree to keep communications with one director secret from other directors. There are exceptions, such as when one director is in litigation with the association or and executive committee has been formed to deal with a particular issue.

No Right to Inspect Communications. Because communications, i.e., letters, e-mails, etc., between the board and legal counsel are privileged, members do not have the right to inspect those communications. These are not part of the "books and records" of the association subject to inspection.

Updated 8/21/2007