Liability & Privacy with board members who resign

Started by VioletJ • 7 replies • 2434 views

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VioletJ (Maryland)
Posts: 4

Posted:

Hi all,
My board recently had four members resign suddenly. The transition was not peaceful: they suggested in their resignations the creation of a new "social" group in the community. They also informed the remaining board members (with whom they had no previous conflict) that all further contact was to be through mail only and threatened to charge us with harassment. In fact, when picking up our board documents and supplies from our former vice president, we were met at the end of the driveway and told not to step on her property.

Because of the sudden resignation and creation of a new "social" group, we wanted to make sure our community knew that the members had resigned. The list of positions and names of the people who resigned were posted on our community bulletin board at our park. Now one of those people is threatening legal action over an "invasion of his privacy".

Is this true? Is there anything barring us from posting the names of board members who have resigned? No personal information, contact information or accusations were made, it was just a statement of the date of resignation and the names.

I appreciate any help you can offer!

JohnB26 (South Carolina)
Posts: 1,569

Posted:

you are well within your rights to post factual information on the bulletin board
however
also post a copy of their letter(s) of resignation, w/o which they could claim they never actually resigned ... it has happened before

where is the sandbox for the infants located?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Once the board has accepted the resignations, then it's a done deal.

No need to produce their resignation letter.

Simply state:

Joe Bloww, Mary Smith and John Dow has resigned from the Board, effective April X. The new board members are blah, blah, blah.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

A verbal resignation may or may NOT be legally binding!
Was a vote taken to accept the resignation(s)?
Was there a quorum after the 'resignation(s)'?
Were the events properly recorded in the minutes?
Were the minutes accepted and recorded?

Just saying: this situation may be a can of worms

Cross your Ts and dot your Is

If you have letters of resignation -> post copies so there is no doubt

Make sure their signatures are removed at your bank

Notify your insurer and your attorney

COVER YOUR BUTTS

VioletJ (Maryland)
Posts: 4

Posted:

Hi everyone,
Thanks for your your replies!

First, about the official nature of the resignations: Yes, they did turn in written letters of resignation that we have on file. The vote was taken to accept the resignations immediately after we left-- we were kicked out of the previous presidents' home immediately and had to have an impromptu "second" meeting. The quorum for our board is based on number of members on the board, and our articles of incorporation require a minimum of 3. The events were properly recorded and at tomorrow's board meeting we will approve the minutes from that meeting.

At issue is whether or not we can let the homeowners know the names of the people who resigned. This gentleman is simply stating that by posting their names on our bulleting board, we are invading their rights to privacy. (We posted something exactly like Susan suggested: "these people resigned, these people are still on the board"). And this morning I get a lengthy email threatening legal action against us for violating his rights to privacy... funny though, because this man was the one who managed our email contacts and signed the emails with his name!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Welcome to the HOA world. People will write threatening to sue letters ALL the time. This one is just an empty threat. Doesn't make any sense to NOT know the board member's name present or not present. They VOLUNTEERED their information when they became members of the BOD or HOA members. No violation of privacy since their address is clearly stated in the phone book. Can't sue the phone book for posting your name and phone number...

You may not want to state why they quit. Let them explain. However, I see no reason why your HOA can't or even shouldn't post contact information of Board members...Isn't that their job to be contacted so they can run the HOA's daily business on the behalf of the general membership.

Sounds like your former board shot their foot despite their nose...Don't worry about lawsuits until they are filed in court. Then it's much better and cheaper to just counter sue...Besides, suing the HOA is suing yourself and your neighbors. Plus Board members are protected by the HOA's insurance from PERSONAL lawsuits if acting as a board member. The former BOD are no longer protected...Something that hasn't been considered by them...

Former HOA President

CharlesB17
Posts: 112

Posted:

Quote:

Posted By VioletJ on 04/16/2011 2:40 PM
Hi everyone,
Thanks for your your replies!

First, about the official nature of the resignations: Yes, they did turn in written letters of resignation that we have on file. The vote was taken to accept the resignations immediately after we left-- we were kicked out of the previous presidents' home immediately and had to have an impromptu "second" meeting. The quorum for our board is based on number of members on the board, and our articles of incorporation require a minimum of 3. The events were properly recorded and at tomorrow's board meeting we will approve the minutes from that meeting.

At issue is whether or not we can let the homeowners know the names of the people who resigned. This gentleman is simply stating that by posting their names on our bulleting board, we are invading their rights to privacy. (We posted something exactly like Susan suggested: "these people resigned, these people are still on the board"). And this morning I get a lengthy email threatening legal action against us for violating his rights to privacy... funny though, because this man was the one who managed our email contacts and signed the emails with his name!

Threats are meaningless. He has no grounds to stand on. Privacy violations would only be considered if you were to post something such as personal information that would or could cause physical or finacial damages to him.
He is blowing hot air. However, it is illegal to send a threatening E-Mail to someone and cause mental anguish, such as yourself could endure from his threatening E-Mails.
I like the quote, " where is the sandbox located."

VioletJ (Maryland)
Posts: 4

Posted:

Thank you ALL for your responses and help! I totally agree with the question about the sandbox.. that is an apt question to sum up the behaviors I've witnessed this week!

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