| The board of managers has
standing to act in a representative capacity in matters involving the
common elements or more than one unit, on behalf of the unit owners.
Because many issues, such as taxation, lien rights, land use regulation,
and other property rights, bear influence upon the title of the unit
owners as a whole, the board must be empowered to act on behalf of all
of the unit owners. However, this power directly conflicts with the rights
of the individual to seek redress and to protect his or her rights and
interests. Therefore this power may not be exercised broadly. The association
cannot represent the unit owners with respect to their individual claims,
rights and obligations, but strictly only the interests of the owners
as a whole.
This section does not empower board members to engage in the unauthorized
practice of law. The board is obligated to hire appropriate professionals
to represent it in legal and administrative proceedings.
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