Representation of Condominium Association Against a Unit Owner
Adopted: October 17, 1990
Opinion rules that counsel for a condominium association may represent the association against a unit owner.
Inquiry:
May an attorney employed as counsel for a nonprofit condominium association ("association of unit owners" pursuant to G.S. §47A-3(1)) bring a lawsuit on behalf of the corporation against a person who is a member of the association by reason of his ownership interest in a condominium unit?
Opinion:
Yes. Rule 5.10 of the Rules of Professional Conduct and its associated comment provide that a lawyer who represents a corporation or similar entity, such as a condominium association, represents the entity itself and not its individual officers or constituents. A lawyer for a condominium association may, without conflict of interest, represent the association in maintaining a legal action against one of its members.