Board access to homeowner emails sent to Management company

Started by JuanV • 4 replies • 1405 views

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JuanV
Posts: 6

Posted:

Does the board have the right to request that the HOA management agent forward emails from homeowners? The agent seems to have a relationship with a past member of the board and the current board thinks that there might be a conflict of interest arising?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Juan,

The management company works for the Board. Therefore, the Board may request anything relating to the Association. However, I would expect that the management companies computers belong to the MC, therefore, they probably don't have to provide any personal emails. If the e-mails are considerd personal vs Association you probably won't get them without a court order.

Per your previous thread in this forum, I had already recommended that the Board review the terms of the contract with your MC and possibly terminate the contract. At the very least, the Board should open the contract up for bids when it's time to renew and, if it were me - I would strongly consider not awarding the contact to the existing MC no matter what the savings might be.

Tim

KarenT (Washington)
Posts: 250

Posted:

I just recently asked our Mgmt Co. to provide our attorney with e-mails from a non-board member because she is causing havoc in our association and the MC denied my request. Should I ask the attorney to request these e-mails?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Karen,

You should ask your attorney if the Association has a legal right to those e-mail without a court order.

If you are just fishing for something about the individual by asking for any and all e-mails from that individual, I personally believe that your request should have been denied. If you are looking for something specific, perhaps about a violation, then you should request for emails in a specific date range and that relate to the issue.

Tim

KarenT (Washington)
Posts: 250

Posted:

Quote:

Posted By TimB4 on 06/20/2011 1:59 PM
Karen,

You should ask your attorney if the Association has a legal right to those e-mail without a court order.

If you are just fishing for something about the individual by asking for any and all e-mails from that individual, I personally believe that your request should have been denied. If you are looking for something specific, perhaps about a violation, then you should request for emails in a specific date range and that relate to the issue.

Tim

W
Tim,

We are looking for something specific - but not a violation. She has been asked not to share sensitive information regarding collections on one homeowner and she shares this with everyone, including the MC and not the BOD. She thinks one of the BOD members is being "deliberatly cruel" by attempting to collect from this homeowner.

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