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LaverneB (Florida)
Posts: 79
Posted:
Can a board member look at a residents personal file? If not who is allowed?
BrianB (California)
Posts: 2,820
Posted:
what would be in a personal file?
TimB4 (Tennessee)
Posts: 21,059
Posted:
In general, Directors have access to all files of the Association.
Officers and Committees have access to those files needed to fulfill their duties/responsibilities.

Granted, Directors are typically also appointed as Officers but they are two different jobs and thus have different access to files.

Allowed to have access isn't the same as a need for the access.

Directors, Officers and Committee members have a duty to protect the privacy of individuals. Therefore, limited access should be the rule until there is a need for more access (complying with a members request in accordance to State laws would an example of a need to allow access).

Typically a Director doesn't "need" access to a members financial record or architectural record unless there is an issue before the board that creates a "need" (violation enforcement as an example).

If you care to share, what is it you are trying to discover/look for?
LaverneB (Florida)
Posts: 79
Posted:
Brian it would be to "check" hand writing, on letters being put in mailboxes unsigned
LaverneB (Florida)
Posts: 79
Posted:
Brian it would be to "check" hand writing, on letters being put in mailboxes unsigned
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By LaverneB on 10/06/2012 7:50 AM
Brian it would be to "check" hand writing, on letters being put in mailboxes unsigned

Without postage? That's a federal no-no.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Sure, a board member could see files associated with the HOA. Postal rules are different story as is the amateur handwriting analysis. But, this is an interesting one.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Are the letters going to everyone, just board members or one individual?

Are the letters threatening? - call the police
Are the letters criticizing? - comes with the job, counter by asking them to be on the Board

You would do better setting up a camera to watch the mailboxes (and it would be better proof).

LarryB13 (Arizona)
Posts: 4,099
Posted:
This will depend on who has possession of those records, but if the record keeper is reluctant to allow you see them then make a motion at the next board meeting to allow you access. If a majority of the board approves then the record keeper has no choice but to permit you to see them.

Now, suppose you go through those files and conclude that I am the person putting those unsigned letters in the mailbox. Then what are you going to do? It's doubtful that the postal inspector is going to take any action. Unless there are clear threats of criminal harm in the letters, your local law enforcement is not going to do anything, either. You could threaten to sue, but unless the letters contain statements that are both false and defamatory and you can prove that the letters were written with a malicious intent you have little chance of obtaining a judgment.

If there are clear threats of criminal harm in the letters, call your local law enforcement agency and let them find the author. They are fairly good at finding those who send letters like that.

Instead of wasting your time playing Dick Tracy, why not deal with the message and not the messenger? If there are false statements in the letters, send out your own letters setting the record straight. If the writer is calling for a particular action, explain why that action has not been taken or cannot be taken.

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