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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37797
Experience:  16 years real estate, Realtor. Landlord 26 years
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We have a number of our homeowners association in the rears

Customer Question

We have a number of our homeowners association in the rears on their monthly dues.
Can we use the association attorney for collection processes or would this create a conflict as he has and is doing other work on behalf of the association of which the delinquent parties are also members.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the attorney is representing the HOA itself and not representing any individual member, then there would not be any conflict of interest for the attorney to sue the homeowners for their delinquent fees. Now it would be up to the attorney as to whether he would feel comfortable suing the individuals personally that he is interacting with in their official roles with the Board.

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It is very typical for the same attorney who helps the HOA with administrative services to also undertake collection efforts against members.

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thanks

Barrister