Is your attorney beholden to your management company?
I recently spoke with an association whose management company strongly recommended a law firm for representation being that they have worked with this law firm on hundreds of projects. Once the association looked at the attorney’s fee agreement they discovered that the law firm would not pursue any claims against the management company, and this concerned the association in the event that such a dispute should occur.
While it is important and highly beneficial that the law firm and the management company have a good rapport, one must insure that the law firm is independent of the management company in such a way that it can resolve various disputes between the association and the management company should they occur including negotiating the management contract, which in my opinion is the most important contract that the association will sign. Some law firms are so dependent upon referrals from management companies that they will not get involved in any disputes with the management company which may undermine the ability of the association's counsel to effectively represent it in certain situations.
It is imperative that attorneys realize they serve and represent the condominium and/or community association rather than the management company. Associations are best advised to have an attorney who is independent enough from the management companies to be able to represent the association zealously without any interference from outside sources.