The Poudre Overlook HOA Attorney responded to the Secretary’s request on May 31, 2019 and turned over all documents related to the Roof Shingle Issue. In his email response, he stated that he had not given significant advice on the matter at all.
And, because it was now clear that he would be a witness should the actions of the ACC and CCR Chairs ever wind up in litigation, he would necessarily be called as a witness to their fraudulent misrepresentation of his advice. Therefore, following Federal Rule 3.7, he terminated the relationship, as one cannot both be an advocate and a witness.
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These are the actual files attached to Pete’s email, which document the entirety of communications on the Board representatives who spoke to him.
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Upon learning of this, the President and Treasurer began telling HOA members that the HOA Attorney was “harassed” and forced to resign for asking him to turn over the documents. The Secretary explained Rule 3.7, but neither took the time to understand the concept, nor did they recognize that the Report of a Violation from 5/15/19 was now even more serious than before this information was revealed.
Clearly, two Board members who were dissatisfied with a Board decision on 10/9/18 went to the attorney, and instead of discussing the decision made, chose instead to come back to the Board claiming the attorney had rejected the Board decision. Both actions are documented in the meeting minutes before and after the meeting with Pete Dauster on 10/24/18.