Tuesday, December 27, 2011

Another challenge

I was reading the TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT from the Bar Association's web site when the attorney's client is an entity.
Did you know a lawyer representing an organization must take reasonable remedial actions whenever the lawyer learns or knows that:

(1) an officer, employee, or other person associated with the organization has
committed or intends to commit a violation of a legal obligation to the organization or
a violation of law which reasonably might be imputed to the organization;
(2) the violation is likely to result in substantial injury to the organization; and
(3) the violation is related to a matter within the scope of the lawyer’s representation of
the organization.
So what was the motive and purpose to change By-Laws and lease common elements for less than fair value to to an insider of a Non-profit? The IRS and Texas Law clearly define what is permissible; therefore, it appears the HOA's attorney and the refering attorney must not have known Phase II was a Non-Profit and I'll be challenging with a grievance through the Texas Bar Association.
Greg
Unit 121

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