Community Website

In general, you are likely not going to be able to stop him since they have a Constitutional right to free speech (with very few limitations, like yelling fire in a crowded theater when there is no fire).

One thing to remember, every individual serving on the Board is likely wearing two or three hats. Each of those hats represent different responsibilities, authority and access. Members of this forum often bring up the difference between Directors and Officers. However, one thing to remember is that each individual is also likely a member of the Association as well.

Unless the business was done in executive session, any member would have been able to attend the meeting and know the same information as the Board (official or not). Therefore, as a member, he is allowed to tell others his understanding of the issues.


I would expect that the Board would want the members and potential buyers to be informed of the Association rules and regulations of the Association. Typically, it's the members or potential buyers (ok, Board members too) lack of knowledge and understanding of the rules/regs that causes issues. Therefore, to make sure that the information is out there should be a good thing.

As for Board discussions - since FL has an open meeting law, I defer you to the first section of my posting.

Question:

Does the Association have an official web site?

If it does, you should incorporate the rules/regs into that site.
My Association not only includes all of it's governing documents but also links to the applicable laws. We include past copies of newsletters and copies of all approved minutes. If the meetings are more than 3 months apart (like the annual) we include draft minutes as well.
Perhaps, you could see if that individual would be willing to work on the official web site.
Perhaps you could see if this individual would be willing to draft a policy resolution on what should and should not be included on the Associations website.

If it does not, perhaps this individual could be persuaded to assist in setting one up.

Oops meant to say "Formal owners"...

It depends on if it is the HOA's responsibility to reveal certain information or the owner who is selling. In many states it is viewed as the "Buyer ONLY" to be informed. Meaning that the buyer is responsible for finding out the rules of the HOA since the CC&R's are PUBLIC records on file at the courthouse. A few states it makes it the seller responsible for giving a copy of the rules to the buyer previous to purchase. Otherwise it is just a "courtesy" for anyone else involved to share information.

The HOA typically does not involve itself in any sales/rental contracts of the members. I would make it an option within your own HOA on what your HOA would feel comfortable with supplying to a potential buyer if they were to inquire. The HOA isn't going to pursue a potential buyer and find them too often. By laws, meeting notes, and financials may be internal member only information. However, your HOA may want to make a general form of overall statistics such as the number of units, the rate of collection, or other generalized financial related information one may want to know prior to moving in.

I think it is a courtesy thing on the most part for the HOA and seller in many cases. It's not something that most of the time can turn into a legal responsiblity. If it is, then that would be addressed during the process if your state has such a requirement for the seller to provide information.

That is understood.

What has not been posted is if this information is from an Executive session or an Open meeting session.

If it's from an executive session, then there are certainly potential issues for the Association. If it's from an open session, why would this be an issue?


Again, if this information was from an open meeting, then anyone (member, director, guest, MC, etc.) who attended the meeting would already have had access to this information and would be free to repeat their interpretation of it to others.

If this information was from an executive session, then those who attended should not repeat it to others.


I do believe that the minutes should be in a members only section.
So I agree, in spirit, with what you said.

However, I actually was able to make changes within my Association by attending meetings and then publishing what happened in a non-association newsletter delivered to members. I used this as a way to educate and inform the members of what was actually happening within their Association. This resulted in many good changes occurring within my Association. Therefore, if the Board isn't doing anything wrong and the information is being truthfully reported (no embellishment) then I see nothing wrong with how this information is getting published.


In violation of what exactly?

Please cite the section of State law that is applicable.
OR
Please cite the section of your governing documents that is applicable.

The nerve of some people, trying to attract people to the community. Shut it down now. LOL.

Jenn

Your attitude of wanting to stifle/suppress information is what makes many dislike BOD's and associations.

Stop trying to control.