In an action by association members to compel discovery of association documents, the court found that the condominium association was the holder of the attorney-client privilege and it was not required to disclose privileged information to the individual homeowners. (Smith v. Laguna Sur Villas
.) As the court noted:
It is no secret that crowds cannot keep them. Unlike directors, the residents owed no fiduciary duties to one another and may have been willing to waive or breach the attorney-client privilege for reasons unrelated to the best interests of the association. . . . "[O]ne can only imagine the sleepless nights an attorney and the Board of Directors may incur if privileged information is placed in the hands of hundreds of homeowners who may not all have the same goals in mind."
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