Directors or the entire Board. If I am asked as a director and witness to give info about a matter as a director even though I was not the director our HOA lawyer shared this with, do i have a privilege not to release it.
Probably not. The answer may depend upon the context of the pending litigation. For example, in a lawsuit by HOA members to compel discovery of HOA documents, the court found that the HOA was the holder of the attorney-client privilege and it was not required to disclose privileged information to the individual homeowners. (Smith v. Laguna Sur Villas (2000) 79 Cal.App.4th 639.) Generally speaking, as corporate counsel to the HOA, the HOA's attorney does not represent the board, the individual directors, or the owners. The HOA's legal counsel represents the association as a corporate entity. Because the HOA's attorney acts as legal counsel for the corporation rather than individual directors, the HOA's attorney generally cannot agree to keep communications with one director secret from other directors.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
possibly but not in all matters and for all board conversations. Even if appointed counsel, not all conversations in front of counsel are privileged.
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