ILLINOIS – Attorney represents association board, not the homeowners
Daily Herald: Attorney represents association board, not the homeowners
March 2, 2013
By David M. Bendoff
Q. I am a unit owner in a homeowner’s association. The association’s attorney attended a board meeting to discuss several issues with the board. During a homeowner’s forum, I asked the attorney a question, but he stated he could not answer it because it would violate the attorney/client privilege. As a member of the association, and as a person who pays assessments that pay the attorney’s fees, wasn’t I entitled to an answer from the attorney?
A. The attorney for the association represents the association through its board of directors; the “control group.” The attorney does not represent individual owners, and the owners are not part of the control group that should include the board and management. In fact the association’s legal interests are frequently adverse to the interests of individual owners. This occurs, for example, when an owner violates the association’s declaration or rules, or doesn’t pay assessments. Read more: