Attorney represents association board, not the homeowners - DailyHerald.com
David Bendoff is absolutely right, of course. But it is interesting to note the way some other industry lawyers play games with this somewhat confusing relationship when they are doing the PR routine. When some of these industry attorneys (such as the one I was on the air with on KNPR the other day--see below) are talking to the media and extolling the virtues of HOAs and condo associations they often claim that the owners ARE the association. He used almost those exact words.
But then we descend from the clouds into the real world of association affairs and the actual relationship between the lawyer, the association, and the owners, which David Bendoff accurately and honesty describes. When an owner tries to get information from the association lawyer about anything specific, the lawyer refuses. Why? Because he or she represents the association, which is a corporation with a separate legal existence, and not the owners. Going a step further, as David Bendoff explains, in reality representing the association means representing the board of directors, because the association is just a fictitious legal entity. The directors are the real client. This is just the nature of corporation organization, and it is important to understand. That's why I wish the media would stop uncritically repeating all the warm and fuzzy community/town meeting propaganda. This is a business arrangement.