Practice Area

HOA Attorney Conflict of Interest — When the Lawyer Works Against Homeowners

Texas Disciplinary Rules · Texas Courts

Situation — How This Comes Up

Our HOA’s attorney seems to be working for the board personally rather than the association.

What You Need to Know First

An HOA attorney represents the association — not the individual board members. When the attorney’s advice benefits board members personally at the expense of the association, a conflict of interest exists that can support both bar complaints and civil claims.

Full Analysis

HOA attorneys are retained by and owe duties to the association as an entity. When an attorney’s conduct benefits individual board members at the expense of the association or its members, that conflict can be reported to the State Bar and addressed through civil litigation.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480