Past Board Selected Rule enforcement.

IN a nutshell our previous board did not enforce our own policies. My concern is when I came onto this board 2 years ago along with my entire new board, it was apparent while individuals where were in arrears per our collection policy would have leins on thiier units. Our old president who was decided not to run on the board was in arrears double of what out policy is for collection/ lien and notthing was filed. In fact she just filed a BK, and then several months later coughed up the back cash.

My concern is this old president is harassing our new board questioning our actions etc. She mentioned she may run again for a board position if one is available.

Her dues that were in arrear were never processed like everyone elese. therefor providing herself special exclusion while having no issues filing leins on other units. Her financials are considered confidential, but when she is out there boasting how she managed to better serve our comunity etc.. this is something I'd like her fellow members to know... but unsure since it's considered confidential.

Please advise. I am not able to find anything on DSA, My fellow board members feel the same, they'd like to alert her fans of her secret self serving role..

Nicole,

One thing you could do, with permission of the Board, is to say that the current Board had noticed some inconsistencies in how polices were applied and have corrected that issue.

When asked for more specifics, simply reply that privacy concerns prevent the Board from saying more.

What is the ramifications for exposing her history prior to this boards taking over? I am confused how someone who knows that we are aware of her previous actions would even question our fiduciary decisions.

Her filing a BK is public knowlege.. Why can't the fact that she was almost a year in arrear of her dues.. with NO lein filed? Her BK was filed after she left office. Saying that with the board previouis did not file a lien, and in fact we were informed she had mulitiple NSF checks.
Please advise.

Ok. Let me rephrase.

It depends on State laws if the info is private or not.

There is private and then there is private, if you and another Board member were to discus it between yourselves, say at the pool, just loud enough where your version of Mrs. Kravitz could overhear, well accidents happen.

Nicole,

Even if there is a state statute requiring the association to keep payment records confidential (there is no such law in my state), any remedy that the homeowner would have would be through civil action. You are not going to be arrested for disclosing the previous president's failure to pay her assessments.

An action brought by your former president would be extremely difficult for her to sustain. By joining the board she became a "public figure." That changes all the rules. If you were to make her previous actions known your statements would be protected free speech. For a public figure to prevail in an action based on statements about her, she would have to prove that your statements were both false and made with a malicious intent. Even if she could prove that you acted with malice, she would not be able to prevail if the statements were true. In any event it is not likely that a bankrupt person will be able to afford to pursue an action and very few attorneys would take the case.

If I were in your position, I would tell the biddy that if she does not sit down and shut up that you will make her past breach of fiduciary duty very public.

I completely respect your response.. But the Biddy part made me laugh so hard. Completely true though.

DIscussed with board and they feel we can use what we know to our advantage. Will see what the old biddy brings up next LOL