Legal Question in Real Estate Law in Florida
Client attorney privilege and board of directors
If the Bd of Directors goes to the condo association's attorney with a concern that directly affects all others in the association, can the Bd claim attorney-client privilege and withhold information from the other members of the associaton not privvy to that conversation,as stated in the BD's response below:
''We have also been made aware by the association attorney, any meeting (either in person or telephone) between the BD and the attorney, is considered Attorney/Client relationship and only Bd representatives can attend. Therefore, the ''meeting'' would NOT be open to any owners wishing to attend.''
Please advise.
1 Answer from Attorneys
Re: Client attorney privilege and board of directors
The Board of Directors is correct that the members are not entitled to attend meetings with the Association's attorney or any other meetings aside from the monthly Board of Directors meetings as set forth in the condominium documents.
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