Can a lawyer for a condominium association sue one of the association's own members for the association?

Plain-English summary

The opinion addressed whether a lawyer employed as counsel for a nonprofit condominium association could bring a lawsuit for the association against a person who was a member of the association by virtue of owning a unit. It concluded the lawyer could.

The opinion applied the then-current Rule 5.10 and its comment, which provided that a lawyer representing a corporation or similar entity, such as a condominium association, represents the entity itself and not its individual officers or constituents. Because the client was the association rather than its members, the opinion concluded the lawyer could represent the association in maintaining a legal action against one of its members without a conflict of interest.

Currency note

This opinion was issued in 1990, before North Carolina's adoption of the 2003 revisions to the Rules of Professional Conduct, and it cites the rule numbering then in effect (the entity-representation provision was then Rule 5.10). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Who is the client when a lawyer represents a condominium association?

A: The opinion concluded the client is the association as an entity, not its individual officers or members.

Q: Could the association's lawyer sue one of the association's members?

A: Yes. The opinion concluded that because the lawyer represented the entity and not the individual member, the lawyer could bring the association's action against a member without a conflict of interest.

Background and rules framework

At the time, the opinion applied North Carolina's Rule 5.10, which provided that a lawyer who represents an organization represents the entity rather than its constituents. In current numbering the subject matter corresponds to Model Rule 1.13 (organization as client).

Citations and references

Rules of Professional Conduct:

• N.C. Rule 5.10 (then in effect): a lawyer for an entity represents the entity, not its constituents
• Current counterpart: Model Rule 1.13 (organization as client)

Statutes:

• N.C. Gen. Stat. 47A-3(1): definition of an association of unit owners

See also

• ABA Formal Op. 91-361: Representing a Partnership
• ABA Formal Op. 514: Advising an Organization on Constituent Legal Risk

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-97/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

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.