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.
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?
There is no bright line rule here. Associations and their counsel should discuss when the advice is helpful to everyone and can be shared.
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