Legal Question in Real Estate Law in Georgia
Attorney living in neighborhood writing our by-laws - good or bad?
Our subdivision has by-laws that are very out of date and need to be re-written. An attorney who lives in our neighborhood and who has questionable motives has ''offered'' to write the by-laws for us. Now he insists that he must be involved in all aspects of the process. Many residents were against his involvement and have a real question about conflict of interest. Wouldn't the fact that he lives here create a conflict of interest if he is the person writing the by-laws which will govern the entire community? We are trying to find a way to abolish the review committee and hire outside counsel to write and help us understand the by-laws. Thank you for your help!
1 Answer from Attorneys
Re: Attorney living in neighborhood writing our by-laws - good or bad?
Conflicts of interest are a somewhat complex set of issues. In order to have a true conflict of interest, you need to have adverse interests, and I'm not sure that would apply here since everyone has the same goals and you all �hired� him or her as a group. Just because (s)he is a member of the group would not necessarily create a conflict of interest. Your conflict seems to be with the amount of involvement, not an actual conflict of interest.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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