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Loren
Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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Our HOA President is currently employed by a Law Firm. Within

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Our HOA President is currently employed by a Law Firm. Within the past year, this President decided to hire this same Law Firm to represent the HOA for all legal matters. In addition, the President uses the email of the Law Firm to send communications to members of the HOA regarding HOA business signing the emails as if it was sent by the law firm. My question is a simple one, Is this considered a conflict of interest, and if so, what course of action do you recommend to stop this egregious behaviour.
Submitted: 7 years ago.
Category: Business Law
Expert:  Loren replied 7 years ago.
Good morning,

Hiring his law firm to represent the HOA is not per se a conflict of interest. Usually the by laws of the HOA will specify the procedures for hiring outside contractors. Assuming these procedures were followed by the board, there is probably no misconduct.

I don't believe the HOA can per se censor private communications by the homeowners-assuming the communication is not illegal on its face (libel, for example). They could, however refuse access to their office equipment being used to publish the newsletter.

With HOAs the answers to most questions about what the board can and can not do are found in the by-laws of thew association. Check out the procedures for amending the by-laws or calling for special elections, recalls etc... If dissatisfaction is especially high among the members, you may be able to change things or at least put a scare into the board and make them listen.

I hope this helps you and the issue resolves to your satisfaction.


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