Legal Counsel for Our HOA: What You Need to Know
At the April 30th Whispering Woods HOA Board Meeting, the board began the process of selecting new legal representation to replace the Bogen Law Group. This is a major decision that will directly affect how our community is advised, protected, and managed moving forward.
Board President John Benckenstein presented a review matrix of seven law firms. After discussion, the board voted to invite three finalists to present at an upcoming meeting:
Once these presentations are complete, the board will vote to approve the new attorney. While homeowners won’t participate in the interviews directly, this decision impacts all of us.
Why Homeowners Should Pay Attention
There was some confusion at the meeting about who the HOA attorney represents. Let’s be clear:
The HOA attorney represents the entire association—not just the board.
While the board communicates with the attorney and acts on behalf of the HOA, the attorney’s legal duty is to the community as a whole, including every homeowner.
The attorney’s job is to:
- Provide advice that protects the best interests of the full association
- Ensure the board follows the law and governing documents
- Safeguard the HOA from liability—not shield individual board members from accountability
Why This Matters
If the board treats the attorney as “their lawyer,” we risk:
- Legal decisions made without transparency
- Homeowner concerns being ignored
- Misuse of legal advice to justify questionable actions
- Conflicts of interest and unchecked authority
We need legal counsel that helps the board govern fairly, ethically, and in full view of the community.
What to Look For in Our Next Attorney
As the board considers new firms, we should expect the selected attorney to:
- Clearly recognize the association—not just the board—as their client
- Support transparency and homeowner engagement
- Have experience working with accountable, homeowner-focused HOAs
- Help the board make sound, community-serving decisions
Your Voice Matters
This is the time to ask questions and express your expectations. If you value transparency, fairness, and responsible leadership, make your voice heard. Let’s ensure our next attorney works for all of us, and keeps Whispering Woods a place where every homeowner matters.
