Non Board member being included in sensitive Board discussion?

Hi All,

I'm new to the whole Board thing, so I apologize if this is a silly question. One of our residents has been in violation of some of our HOA rules. As per our rules, this person will be sent letters with specific deadlines to meet without being fined.

The letters are currently in the draft state, and a new resident who is not a Board member was included in the draft email so they can provide feedback and suggestions as to the content.

As this matter is between the Board and the resident, are there privacy issues that would preclude a non-Board member being included and asked for feedback on a matter that doesn't involve them directly? The topic of the letters will of course show up in the meeting minutes, I just wasn't sure if a non-member can provide assistance to the Board regarding a decision that is up to the Board.

Thank you so much!

Hi Susan,

We don't have a committee. We have sent letters to other residents before, but don't follow a template. We are a small complex and it's rare for a non-member to even show up at a meeting. At this particular meeting, the person was asked for input on how to handle the letters, and then one of the Board members said they would be included on the email so as to offer suggestions on the letters.

It just doesn't seem right that someone not involved in the decision making process should be included in something that does not involve them. I'm sure the person in question would probably be embarrassed to find out a non-Board member was asked for input.

It was not a Board decision to include the new resident, one of the Board members arbitrarily made the decision on her own.

Anyone who can contribute relevant information to the issue at hand may be invited into an executive session. It's the boards decision to include them or not.

Based on what you posted, I am unclear if this individual is involved with the issue (witness, enforcement committee, etc.) that might cause them to be included in the conversation or not.

Tim

Ok. Were the letters part of an e-mail discussion where the individual was included or did the individual attend a board meeting where they were discussed?

The board can request or accept input from anyone on any subject as the board members see fit.

I'm not aware of any rights to privacy that are afforded to those who have been accused of violating the HOA's rules.

You should, however, be concerned that your board is apparently discussing and deciding on a course of action via email. Making decisions outside of a regular meeting is improper. If there really was a privacy issue, proper procedure would be to discuss it in an executive session at a regular meeting, not in secret online meetings and emails.