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KathyS15 (Ohio)
Posts: 28
Posted:
Another dilemma - We've had a whole new Board voted in. When the old trustees passed over the records, they were asked for the password for the email account residents use to contact the Board. We were told to open a new account.

Is that legal? Won't there be a lot of info there we should have?

We're a very small community of townhomes in Ohio.
SheliaH (Indiana)
Posts: 6,964
Posted:
It's not a bad idea to open a new account - as long as all the emails from the old one have been accounted for, so I would agree they should hand it over (they should be considered Association correspondence and isn't the property of individual board members. Then, I'd change the password.

However, the legalities of email and HOAs vary by state and they're always changing (a good example of the law not always keeping up with technology.) That's why I always say and will say it again - if you want answers to legal questions, you need to talk to an attorney


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would not ask them for that password. It's not a legal thing but a privacy issue. However, I would ask instead if they can RESET the password to that account and give you all the new one. They may even need to change the security questions if those are needed for a password reminder. Have them changed to something generic like "Dog's name - Spot". That way you have a new password and security questions to be able to be able to take over that existing account.

It is best to have a new account set up anyways if this doesn't work. The reason here is passwords are sensitive information. People tend to make up and use the same password for all their accounts. Plus use the same personal responses to the security question. So the person who made up this account most likely is using a password they may use routinely. Plus your never going to guess their security question answers to change it.

So when they may be denying you the password it may be that password is a "common" used one for that individual on a somewhat personal level. It's just human nature to do so. Your not going to make a password your going to forget constantly and then have to tell multiple others who use that account the new one each time. They may lock the account by accident.

So suggest a new password and security question answers if needed. That may make the person(s) more comfortable in providing it you. I know I would if turning over an account. Would most likely NOT give you the password I created.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
If an HOA has been having people send Email to a specific account like [email protected] then it is best to keep that account as people are use to it. If so, the old BOD is busting chops not by not turning it over.
DouglasK1 (Florida)
Posts: 2,046
Posted:
If this is a free account like gmail, I don't know how much leverage you would have. On the other hand, if the association has paid for email hosting/domain registration, etc. then those should be association property and the old board should turn over the passwords. If they don't, you might be able to contact the provider and get their help.

Escaped former treasurer and director of a self managed association.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By DouglasK1 on 11/10/2017 9:08 AM
If this is a free account like gmail, I don't know how much leverage you would have. On the other hand, if the association has paid for email hosting/domain registration, etc. then those should be association property and the old board should turn over the passwords. If they don't, you might be able to contact the provider and get their help.


Agree ... pretty much on target ...
TimB4 (Tennessee)
Posts: 21,062
Posted:
Should the outgoing board provide to the new Board? Yes

However, as Douglas pointed out, if the Association doesn't own the domain that the account is on, there is very little that can be done except to explain it to everyone when you provide the new address:

Despite being asked for account access several times, the previous Board is not relinquishing the email account they used for communication between the Association and the membership, this Board is forced to create a new account. This account is:

To prevent potential confusion, this Board recommends blocking the previous account ([email protected]).

Again, all electronic communications to this board is to be sent to:
Anyone who may have sent mail to the previous account after mm/dd/yyyy is asked to resend to the new address.

Now, before you do this, make sure you send a letter to each board member on the previous board.
Certified and via first class mail.

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