D.L. from Fairfield County, Connecticut writes:
Dear Mister Condo,
The attorney for our condo association also owns a unit through an LLC. Would this be considered a conflict of interest?
Mister Condo replies:
D.L., while it isn’t an ideal situation, unless the attorney is also a member of the Board, there may not be a direct conflict of interest. The association attorney advises the Board and takes legal action on behalf of the association at the request of the Board. Ideally, the attorney would have no personal interest in the business of the association so as to avoid any appearance of conflict of interest. However, owning a unit through an LLC is not the same as personally owning the unit. If the Board feels there is any conflict of interest or doesn’t rust the advice of the attorney because of his ownership via LLC, the Board is free to choose a different attorney to assist the association in legal matters. All the best!