Castlepoint v. Stiver (04cv3197) - Colorado HOA Legal Services | Team Strategy Inc.

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Castlepoint v. Stiver (04cv3197)

Legal Library > Colorado Courts > Board Member Conduct
The "ALL ASPECTS" Homeowner Association HOA
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Real Asset Property Management Services Company.
Team Strategy - The "All Aspects" Association Management Professionals.
When it comes to legal counsel for a Homeowners Association HOA, the operative question for any Association Members is to ask one singular question...Who is your client? It is a given that the legal counsel for an association is engaged by the Board of Directors and serves to provide legal counsel to the Board of Directors. However, the attorney's client IS NOT: 1) a particular Board Member, or 2) a GROUP of Board members. Rather, the attorney's client is the Association Membership. This begs one question, if the Association and/or its Membership is the client how then can the attorney/law firm enforce the Assesments, CC&R's, impose fines, or take legal action AGAINST THEIR CLIENT?

For example, the Colorado Code of Ethics for Attorneys STRICTLY PROHIBITS AN ATTORNEY FROM SUING THEIR CLIENT OR A PAST CLIENT WITHOUT THEIR PERMISSION. That said, would not this process be a clear and compelling CONFLICT OF INTEREST or CONFLICTING INTEREST TRANSACTION.

BACKGROUND
This matter involved a legal proceeding in which the attorney for the association, at the direction of the President, sought a COURT-ORDERED INJUNCTION to prohibit David C. Stiver, Treasurer, from conducting a Tribunal under the Castlepoint Townhome Homeowners Association Bylaws and the Colorado Common Interest Ownership Act (CCIOA). Throughout the proceeding the court questioned how the legal counsel could in effect represent one group of associaion members against another. After all, the legal counsel is the legal counsel for BOTH PARTIES. The correct procedure is for both parties to obtain legal representation outside of the engaged association legal counsel.
 
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Team Strategy Inc.

1825 Austin Bluffs Pkwy Ste 201

PO Box 26330

Colorado Springs CO 80936-6330

Office: (719) 594-4003

Email: team@teamstrategy.org

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