KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Has anyone ever had issues with their management company 'eavesdropping' on board communications?
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Management company - BOD emails
Started by KP3 • 14 replies • 1179 views
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KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Aww, c'mon, KP....what are you talking about???? Sell it out clearly!
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Where someone from the management company makes a reply to an email thread that no one claims a bcc on and there is clearly no CC..
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Because nobody claimed to BCC the MC or forward the email to the MC doesn't mean it didn't happen.
Have you tried asking the MC how their email system works (perhaps they are automatically copied on every email)?
Have you tried asking the MC how their email system works (perhaps they are automatically copied on every email)?
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Quote:
Posted By TimB4 on 12/15/2016 5:51 PM
Because nobody claimed to BCC the MC or forward the email to the MC doesn't mean it didn't happen.
Have you tried asking the MC how their email system works (perhaps they are automatically copied on every email)?
Because nobody claimed to BCC the MC or forward the email to the MC doesn't mean it didn't happen.
Have you tried asking the MC how their email system works (perhaps they are automatically copied on every email)?
I did. The email dedicated to the BOD they say just I ncludes the five board members. They also claimed they were included in a particular email string although I didn't see anything where they were. The two board members on that string say they didn't. Now whether they are telling the truth is another thing. I just found it bizarre that another person from the MC sent an email referencing a discussion the board was having. That discussion was never relayed to the MC..
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
KP
Like it or not, any electronic mail is subject to the world seeing it. I made it a point to never discuss anything in Email I would not discuss in public. With that said, I did discuss many things in private, personal meetings that I would never want to go public.
Like it or not, any electronic mail is subject to the world seeing it. I made it a point to never discuss anything in Email I would not discuss in public. With that said, I did discuss many things in private, personal meetings that I would never want to go public.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I guess in TX board members may have discussion online? There is no open meeting laws that say Board discussions about HOA business must take place at open meetings? Just curious.
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Quote:
Posted By KerryL1 on 12/15/2016 6:52 PM
I guess in TX board members may have discussion online? There is no open meeting laws that say Board discussions about HOA business must take place at open meetings? Just curious.
I guess in TX board members may have discussion online? There is no open meeting laws that say Board discussions about HOA business must take place at open meetings? Just curious.
We can discuss things but voting and ratifications must take place in an open meeting..
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
I was mainly asking about board communications within the board. Emails back and forth asking opinions on things. Things that do not have to be taken at a board meeting. These should be private conversations within the board without the management company being privy to them..
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
We 7 directors rarely ask our fellow board members "opinions" about things. What would some examples be that you wouldn't take up at board meetings? And that you wouldn't want to share with your PM?
why can't you email among yourselves without copying the PM? You say that no director copied or Bcc'd the PM, so how did they get the email exchange?? Why not ask the PM???
why can't you email among yourselves without copying the PM? You say that no director copied or Bcc'd the PM, so how did they get the email exchange?? Why not ask the PM???
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Quote:
Posted By KerryL1 on 12/18/2016 3:45 PM
We 7 directors rarely ask our fellow board members "opinions" about things. What would some examples be that you wouldn't take up at board meetings? And that you wouldn't want to share with your PM?
why can't you email among yourselves without copying the PM? You say that no director copied or Bcc'd the PM, so how did they get the email exchange?? Why not ask the PM???
We 7 directors rarely ask our fellow board members "opinions" about things. What would some examples be that you wouldn't take up at board meetings? And that you wouldn't want to share with your PM?
why can't you email among yourselves without copying the PM? You say that no director copied or Bcc'd the PM, so how did they get the email exchange?? Why not ask the PM???
The management company set up the 'group' email and I suspect they included themselves on all that go through that email. When I asked how the PM got included on one chain, all I got was "I'm here for you" but no real answer. Right now we have a disfunctional boat at best so emails are the best way to do anything..
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
And it wasn't so much that we were discussing things we wouldn't care the the MC knew about, it's the fact that we didn't know that they WERE...
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
I have a group email account set up for the associations I managed. IF, emails are sent to that address, I am copied. That is the way I set it up. You should know and can see all the addresses that emails are set to, unless, they are being BCC'd or blind copied, then, IMO, that would be unethical.
If Boards choose to email amongest themselves, they are more than capable of setting up a separate account for them.
If Boards choose to email amongest themselves, they are more than capable of setting up a separate account for them.
NigelB (Texas)
Posts: 254
Posts: 254
Posted:
Quote:
Posted By KerryL1 on 12/15/2016 6:52 PM
I guess in TX board members may have discussion online? There is no open meeting laws that say Board discussions about HOA business must take place at open meetings? Just curious.
I guess in TX board members may have discussion online? There is no open meeting laws that say Board discussions about HOA business must take place at open meetings? Just curious.
That is correct Board members may discuss via email with
certain restrictions
Texas Property Code Sec. 209.0051. OPEN BOARD MEETINGS.
h)
Except as provided by this subsection, a board may take
action outside of a meeting, including voting by electronic or
telephonic means, without prior notice to owners under Subsection
(e), if each board member is given a reasonable opportunity to
express the board member’s opinion to all other board members and to
vote.
Any action taken without notice to owners under Subsection (e)
must be summarized orally, including an explanation of any
known actual or estimated expenditures approved at the meeting, and
documented in the minutes of the next regular or special board
meeting.
The board may not, unless done in an open meeting for which prior
notice was given to owners under Subsection (e),consider or vote on:
(1)fines;
(2)damage assessments;
(3)initiation of foreclosure actions;
(4)initiation of enforcement actions, excluding temporary restraining
orders or violations involving a threat to health or safety;
(5)increases in assessments;
(6)levying of special assessments;
(7)appeals from a denial of architectural control approval;
(8)a suspension of a right of a particular owner before the owner
has an opportunity to attend a board meeting to present the owner’s
position, including any defense, on the issue;
(9)lending or borrowing money;
(10)the adoption or amendment of a dedicatory instrument;
(11)the approval of an annual budget or the approval of an amendment
of an annual budget that increases the budget by more than 10 percent;
(12)the sale or purchase of real property;
(13)the filling of a vacancy on the board;
(14)the construction of capital improvements other than the repair,
replacement, or enhancement of existing capital improvements; or
(15)the election of an officer.
NigelB (Texas)
Posts: 254
Posts: 254
Posted:
Quote:
Posted By KP3 on 12/15/2016 6:17 PM
Posted By TimB4 on 12/15/2016 5:51 PM
Because nobody claimed to BCC the MC or forward the email to the MC doesn't mean it didn't happen.
Have you tried asking the MC how their email system works (perhaps they are automatically copied on every email)?
Because nobody claimed to BCC the MC or forward the email to the MC doesn't mean it didn't happen.
Have you tried asking the MC how their email system works (perhaps they are automatically copied on every email)?
I did. The email dedicated to the BOD they say just I ncludes the five board members. They also claimed they were included in a particular email string although I didn't see anything where they were. The two board members on that string say they didn't. Now whether they are telling the truth is another thing. I just found it bizarre that another person from the MC sent an email referencing a discussion the board was having. That discussion was never relayed to the MC..
Very simple remedy - do not use the management companies email system.
Just get yourselves google accounts example
[email protected]
That's what we do.
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