12 Unit HOA Board duty of privacy

DorothyJ2 (Idaho)
Posts: 11

Posted:

We have a 12 unit single family HOA with a President, Secretary and Treasurer. We have just learned that one of the homeowners (not a Board Member) seems to know all the internal workings and issues under consideration by the Board. What is the duty of privacy for our Board to discuss any association issues with individual homeowners.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Unless there is an issue with an individual condo employee or a lawsuit, there should be no privacy. Everything should be in the open and transparent.

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By DorothyJ2 on 09/06/2013 7:56 AM
We have a 12 unit single family HOA with a President, Secretary and Treasurer. We have just learned that one of the homeowners (not a Board Member) seems to know all the internal workings and issues under consideration by the Board. What is the duty of privacy for our Board to discuss any association issues with individual homeowners.

Think of it like a really small town. Everyone knows everyone's business.

I'm in California and am not familiar with the sunshine laws pertaining to HOA in Idaho, but you should look into them.

In California, there are only certain things that should be confidential and should be subject to closed meetings. This is likely the same for Idaho.

Cause for concern would be those matters which could result in legal problems such as defamation on character (having open meetings about a particular person's alleged violations of CC&R or civil codes) or the invasion of privacy (issues of financial debt that aren't public knowledge for instance).

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By DorothyJ2 on 09/06/2013 7:56 AM
We have a 12 unit single family HOA with a President, Secretary and Treasurer. We have just learned that one of the homeowners (not a Board Member) seems to know all the internal workings and issues under consideration by the Board. What is the duty of privacy for our Board to discuss any association issues with individual homeowners.

Think of it like a really small town. Everyone knows everyone's business.

I'm in California and am not familiar with the sunshine laws pertaining to HOA in Idaho, but you should look into them.

In California, there are only certain things that should be confidential and should be subject to closed meetings. This is likely the same for Idaho.

Cause for concern would be those matters which could result in legal problems such as defamation on character (having open meetings about a particular person's alleged violations of CC&R or civil codes) or the invasion of privacy (issues of financial debt that aren't public knowledge for instance).

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By DorothyJ2 on 09/06/2013 7:56 AM
We have a 12 unit single family HOA with a President, Secretary and Treasurer. We have just learned that one of the homeowners (not a Board Member) seems to know all the internal workings and issues under consideration by the Board. What is the duty of privacy for our Board to discuss any association issues with individual homeowners.

Think of it like a really small town. Everyone knows everyone's business.

I'm in California and am not familiar with the sunshine laws pertaining to HOA in Idaho, but you should look into them.

In California, there are only certain things that should be confidential and should be subject to closed meetings. This is likely the same for Idaho.

Cause for concern would be those matters which could result in legal problems such as defamation on character (having open meetings about a particular person's alleged violations of CC&R or civil codes) or the invasion of privacy (issues of financial debt that aren't public knowledge for instance).

MatthewW4 (Arizona)
Posts: 500

Posted:

Dorothy,

Any "duty" to maintain privacy will normally be found either in the law or in your condo documents. As a general rule, however, most states with association laws favor openness and transparency.

Condo business should almost always be open and available to any member. Limitations on that policy usually involve matters of pending litigation, personnel issues, or a member's health or financial information. Apparently some states allow the association to conduct Star Chamber-like proceedings against a member in private though my own state does not permit that.

My question to you is why have the rest of the owners not kept themselves informed?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Dorthy,

General Association issues should always be discussed with the membership.

Some specifics should be held back for privacy or fiduciary reasons. Some examples:

The Association needs to raise assessments due to delinquent accounts. Currently we have x dollars and should have y dollars. However, the specifics of what lots are actually behind should not become public knowledge unless legal action occurs.

The Association is involved in a legal action. The basis of the suit is a claim that our playground equipment was not properly maintained. However, strategy and specific discussions with the attorney should not be made public knowledge as release of that information could cause the Association to lose the case.