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WillD (California)
Posts: 14
Posted:
Typically business email through a coporation's email server and domain is the property of that corporation. With that said, should HOA's allow management company employees (the CAMS and Provisionals assigned to the hoa account) to conduct HOA business using the management companies email?

If a management company has been conducting business through their corpoarte email account, should the HOA obtain copies of the email history? Does such a boiler plate form exist for an HOA to submit to the management company related to email (ownership, maintaining history as a form of record)?

Our state does require a documented history of all business communication. I feel confident the mgmt co for this hoa is not archiving the history.

So my questions are:

1. If a mgmt company conducts hoa business through their own email account/server/domain, does the hoa have rights to obtaining the email history? If so, how. (subpeona)

2. What if we subpeona the mgmt co for the history and they don't have the history? I assume they are liable.

3. If our current mgmt company is conducting business through their mgmt co./account/server/domain would you recommend changing the policy so all business communication initiated by the mgmt co is owned and maintained through the HOA?

I would greatly appreciate advice.
hoatalk (California)
Posts: 603
Posted:
"Our state does require a documented history of all business communication."

I doubt your state includes every email under the definition of "business communication". If so, imagine the company with 10,000 employees sending 50 emails each day. Is that company supposed to archive 500,000 emails per day as business records? They may move to another state :-)

You may want to first discover the legal definition of the records you must keep and then look at the record retention requirements for those 'official' records (how many years). Then ensure your MC has a records retention policy that matches the state & federal (IRS, etc) requirements.


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WillD (California)
Posts: 14
Posted:
Thank you! The last sentence of your email is fantastic.

The management companies we deal with are only maybe 50 employees max. I know what needs to be done but wondered if this topic was ever a nightmare for anyone else.

Cheers!

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