Who Attorney Represents. The association's attorney, as legal counsel to the association, does not represent the board, individual directors or owners. The association's legal counsel represents the association as an entity.

Corporations have a separate legal identity and enjoy the benefit of the attorney-client privilege. Evidence Code section 951 defines a "client" as the "person" who "directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer ...." The term "person" includes a corporation; indeed, it may  extend to an unincorporated organization "when the organization (rather than its individual members) is the client."  Smith v. Laguna Sur.

This is also the position taken by the California State Bar in Rule 3-600(A) of the Rules of Professional Conduct:

In representing an organization, a member shall conform his or her representation to the concept that the client is the organization itself, acting through its highest authorized officer, employee, body, or constituent overseeing the particular engagement.

As a result, even though owners' dues pay for the attorney, owners do not have the right to call the association's attorney to ask questions.

Communication With Board. The association's attorney interacts with the board of directors because the association speaks and acts through its board, which is elected by the membership. Normally, the board designates the president to act as liaison with the attorney so as to avoid conflicting instructions from different directors, and so as to avoid unnecessary legal fees from excessive telephone calls to the lawyer.

Because the attorney acts as legal counsel for the corporation rather than individual directors, the attorney generally cannot agree to keep communications with one director secret from other directors. There are exceptions, such as when one director is in litigation with the association or an executive committee has been formed to deal with a particular issue.

No Right to Inspect. Because communications, i.e., letters, emails, etc., between the board and legal counsel are privileged, members do not have the right to inspect those communications.