Should a Legal Opinion be Believed?

2009 April 18
Last edit:  2009 May 12.  See History for brief descriptions of changes and updates. 

    The title asks a very important and difficult question for members and board members of owners associations.  Contrary to a common perception, legal opinions are not unique.  A wide range of legal opinions can typically be written on a legal question depending upon the facts and documents provided and the direction from the agent of the client.

    The title is not a criticism of attorneys.  Rather, the post is an analysis of what attorneys do for clients and what that means for board members and individual members of owners associations.  A principal conclusion is that members should be very skeptical of advocacy legal opinions by attorneys for owners associations. 

     The continuation of this post discusses the issues involved and provides recommendations. 

Don Nordeen
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Please be advised that the writer is not an attorney, and this is not legal advice. The information is based on research on information available in the public domain.
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• Key Words:  Attorney Issues;  Fiduciary Duty;  Governing Documents;  POA Members' Rights; abuse; access; access to records; advocacy; agent; case law; client; engagement letter; model act

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