Resident wants board emails

Started by MarkK18 • 3 replies • 1179 views

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MarkK18 (Texas)
Posts: 22

Posted:

A resident of our hoa recently emailed the office requesting all email correspondence between the board members this year. We are in Texas, am I obliged to hand them over every email sent between myself and other board members excluding deeds issues, personell problems and attorney client privileged information. That sounds like a foia request from hell if people can ask and recieve that information. I could see minutes and budgets, but not emails...

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Are emails official records of the HOA? Then I would not release them. Do you see other corporations releasing their emails to their shareholders? Then why would that apply to your HOA? Meeting minutes yes should be released. I just don't see how emails matter if not an official reference material. Ask yourself, are these emails something that would need to present in a court if involved in a lawsuit? If not, then don't release.

Former HOA President

MarkK18 (Texas)
Posts: 22

Posted:

There is a friend of theirs on the board who most likely shared a internal email conversation regarding what we should do about a resident from my first thread on here whom harassed a lifeguard and wants to produce those emails to hurt the hoa. Basically the board member thinks we are on a witch hunt to get this individual and wants another resident to compel us to produce any and all information. But was personell involved and they are casting a wide net. Not sure if it is legal.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Personally, I'd tell him to get a court order.

I would also contact the attorney asking how to respond.

If the individual asking is not the individual involved in the incident, then you likely have an out:
Per Sec. 209.005 (k) - in part:
the property owners’ association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an
owner’s personal financial information, including records of payment or nonpayment of amounts due the association, an owner’s contact information, other than the owner’s address, or information related to an employee of the association, including personnel files.

However, if the individual involved is the one requesting, you will likely have to produce the emails in the end. The question is, how many hoops do you want the individual to jump through (hence reason to ask attorney).

This is an excellent reason not to utilize personal email to discuss association business.
It's also a reason to not put in writing anything you wouldn't say to the persons face.

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