Confidentially Agreement

Started by MikeG15 • 7 replies • 568 views

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MikeG15 (Delaware)
Posts: 4

Posted:

I am on a HOA board as a volunteer, elected without opposition because no-one else wanted to do it. All board members are volunteer, all elected in the absence of a competitive election. The pre Recently, some members came up with this agreement. I find it outrageous and unacceptable. When Owner A spends Owner;s B's money there must be transparency. Please offer you view.

This is to certify that I, --- a volunteer of Sea Colony east, Phase II, understand that nay information (written, verbal or any other form) obtained during the performance of my duties must remain confidential, unless authorized to release the information. This included all information about members, clients, employees and other associate organizations, as well as any other information otherwise marked or known to be confidential. This also includes any and all internal discussions and deliberations of the Council that are not otherwise public.

I understand that any unauthorized release of this congenital information is considered a breach of the duty to maintain confidentially.

I further understand that any breach duty to maintain confidential could be grounds for immediate dismissal and/or possible liability in any legal actions from such breach.

Thanks.

DouglasK1 (Florida)
Posts: 2,046

Posted:

I'm also in favor of transparency, and it my state there really isn't any other option. Florida Statutes provide that almost all association records are available to all members, with very limited exceptions. I have no idea about Delaware law, have you checked to see if there any related to associations? I'm not sure what the goal is of those who wrote this agreement. Were they association members or board members?

If people feel that an agreement is really needed, you could consider modeling it after the Florida statute, here is what is confidential, anything not covered here is not confidential:

1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including, but not limited to, a record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this subparagraph, the term “personnel records” does not include written employment agreements with an association or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee.
4. Medical records of parcel owners or community residents.
5. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address. Notwithstanding the restrictions in this subparagraph, an association may print and distribute to parcel owners a directory containing the name, parcel address, and all telephone numbers of each parcel owner. However, an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association. An owner may consent in writing to the disclosure of other contact information described in this subparagraph. The association is not liable for the disclosure of information that is protected under this subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.
6. Any electronic security measure that is used by the association to safeguard data, including passwords.
7. The software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.

Escaped former treasurer and director of a self managed association.

MikeG15 (Delaware)
Posts: 4

Posted:

Thanks, very helpful. I will present this. Mike

AugustinD
Posts: 5,144

Posted:

The wording has enough qualifiers that I would just sign it and not tarry further over it.

PaaN
Posts: 219

Posted:

Quote:

Posted By MikeG15 on 09/08/2018 7:05 AM
I am on a HOA board as a volunteer, elected without opposition because no-one else wanted to do it. All board members are volunteer, all elected in the absence of a competitive election. The pre Recently, some members came up with this agreement. I find it outrageous and unacceptable. When Owner A spends Owner;s B's money there must be transparency. Please offer you view.

This is to certify that I, --- a volunteer of Sea Colony east, Phase II, understand that nay information (written, verbal or any other form) obtained during the performance of my duties must remain confidential, unless authorized to release the information. This included all information about members, clients, employees and other associate organizations, as well as any other information otherwise marked or known to be confidential. This also includes any and all internal discussions and deliberations of the Council that are not otherwise public.

I understand that any unauthorized release of this congenital information is considered a breach of the duty to maintain confidentially.

I further understand that any breach duty to maintain confidential could be grounds for immediate dismissal and/or possible liability in any legal actions from such breach.

Thanks.

Your state's HOA law, if any, Corporate law, it DOES exist, or the BOD, by vote, may authorize release of certain information.

A member of your HOA may be entitled to certain SPECIFIED documents UPON WRITTEN REQUEST to (not you alone) the BOD.

The agreement is simply in 'laymans' form, it is close to applicable corporate law.

MANY items a director is 'privy to' are NOT public records, nor even 'open' corporate issues.

Transparency as a BOD is good, PROVIDING that privileged and/or confidential info remains so.

You would simply be affirming your obligations in writing.

A very very good thing.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Mike,

Please be aware of the posting rules

(3) No Mention of Community/Company/Person Names: In order to fairly enforce (2) and prevent liability, we do not allow the mentioning of any community name, company name or product. Please also do not post the full name of any person.

MikeG15 (Delaware)
Posts: 4

Posted:

Ok, was not aware of these rules. Will honor them.

MikeG15 (Delaware)
Posts: 4

Posted:

Ok, was not aware of these rules. Will honor them.

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