"In house attorney"

Started by KurtL1 • 3 replies • 1317 views

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KurtL1 (California)
Posts: 7

Posted:

I apologize for all these questions coming so fast. We have a resident
who is also an attorney but not in the RE/HOA field. This person claims expertise
however and has been asked for her/his professional opinion before. My issues
are conflict of interest, sphere of influence and lack of liability for answers
given. I asked this person if a legal agreement put together by him/her with an
adjoining property owner outside the HOA for a project she/he conceived that was being
funded by the HOA was a conflict of interest. The response was angry and defensive and
the suggestion was made that outside legal advice should be avoided if possible due to
expense. I asked the attorney/resident this question due to concerns with the legal
agreement that was provided. Input or suggestions? Thanks

LarryB13 (Arizona)
Posts: 4,099

Posted:

Kurt,

Free legal advice, even from an attorney, is often worth what you paid for it.

HOA law is complicated, especially in California. An attorney who is not schooled in the subject should be avoided.

It is a fact of life that lawyers charge a lot for their time and advice. It is also a fact of life that from time to time every HOA needs the guidance of a lawyer. It's just the cost of doing business.

In the situation you described I would be searching for a new lawyer ASAP. A lawyer who is not a specialist, is financially involved with your HOA, and advising you to avoid a specialist because it will cost money is not one I would trust.

Could you tell us a bit more about the HOA's involvement with the other development and what the attorney's role in it is?

BTW, "in-house counsel" means an attorney who works as a full-time employee exclusively for a company or organization.

KurtL1 (California)
Posts: 7

Posted:

Hi Larry

The in house attorney was a play on words because of the situation. The other
property is an apartment complex who's storm water drains onto our property,
and into a v-ditch. The attorney negotiated a drain to be put on the other side of the fence
on the apartment property. Said attorney then got a majority vote to have the HOA pay for it.
The board (including me) asked for an agreement between the owners of the apartment
complex and our HOA regarding this drain. What we got was a letter from the apartment
manager (I believe employed by a management company) addressed to our Resident/attorney
allowing permission to do so. I didn't like it but eventually was over-ridden by the
other 2 board members. It did not address various aspects (almost plugged up with leaves
right now and I don't think anyone knows who is supposed to clean it.) When I told this
attorney I thought we needed something more the response was angry and got a bit worse
when I suggested this was a conflict of interest. The worst part may be that the drain
is behind only the attorney's property.

GlenL (Ohio)
Posts: 5,491

Posted:

Before worrying about the attorney (and I agree you need someone independent paid by the HOA) has the HOA consulted a engineer or the local waste water management agency to find out exactly what needs to be done to correct the problem? While it might seem like an obvious answer to "put in a drain" it could have unforeseen consequences to other adjoining property to which the HOA could become responsible to repair. And while it may only affect the attorney's property; he is a member just like anyone else and the HOA has a duty to act, if it is determined that the HOA is responsible.

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