Even though the board can hold its attorney’s input confidential, those opinions are helpful to the entire community and should be shared.
Q: Several years ago the board asked for an explanation regarding our declaration. The board wanted to know its authority regarding certain issues within the development. The association’s attorney did an analysis of our CC&Rs and issued an answer.
However, there are times in which the attorney provides opinions clarifying the rights and responsibilities of all homeowners, which opinions may be helpful to everyone to review. A similar circumstance happens during governing document rewrite projects, such as in J.N.’s association. During the attorney’s work on creating new governing documents for the HOA, if the attorney is barred by the board from explaining them to the members, how could the documents be approved by the members?
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