KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I actively served on our board for 12 years and didn’t seek reelection in Oct. ’18 due to severe disagreement with the board majority over a hugely expensive and intrusive project the majority wanted, and the majority's growing secrecy.
During ’18-’19, the board president received access to review email exchanges between the PM and me from 2015, before she was even on the Board. Athough she didn’t name me, the prez quoted me—out of context— in her monthly “President's Message” in our newsletter, but many readers would know it's me because of other things she wrote.
The by then-former president also cited me again in a late Nov. ’19 letter to all Owners written shortly after she resigned from the Board due to her three pals all being defeated in our annual election in October (Board of 7). The letter was her desperate effort to persuade Owners to her point of view regarding the very expensive and intrusive project noted above. I was, by the way, elected to the Board after a long and honest campaign supported by like-minded Owners.
She also identified our Reserve Analyst (RA) by name and quoted him at length in both of the above also from emails between him and our PM in ’15.
At the bottom of every email, the PM copies a paragraph that it’s “confidential” (as required by her MC.) But, CA Corporations Code §8334: “Director's Right to Inspect.” “Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation of which such person is a director.”
I’ve felt that my privacy was invaded by the president’s citations of my confidential emails between our PM and me. Do you think that such emails qualify as “documents of every kind?” If so, now that I’m a director again, do I have the right to inspect such emails between her and the PM? Or between the former prez and the COO of our MC ? And even IF she had the right to inspect them, did she have the right to cite them to all Owners, i.e., to make them “public?”
During ’18-’19, the board president received access to review email exchanges between the PM and me from 2015, before she was even on the Board. Athough she didn’t name me, the prez quoted me—out of context— in her monthly “President's Message” in our newsletter, but many readers would know it's me because of other things she wrote.
The by then-former president also cited me again in a late Nov. ’19 letter to all Owners written shortly after she resigned from the Board due to her three pals all being defeated in our annual election in October (Board of 7). The letter was her desperate effort to persuade Owners to her point of view regarding the very expensive and intrusive project noted above. I was, by the way, elected to the Board after a long and honest campaign supported by like-minded Owners.
She also identified our Reserve Analyst (RA) by name and quoted him at length in both of the above also from emails between him and our PM in ’15.
At the bottom of every email, the PM copies a paragraph that it’s “confidential” (as required by her MC.) But, CA Corporations Code §8334: “Director's Right to Inspect.” “Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation of which such person is a director.”
I’ve felt that my privacy was invaded by the president’s citations of my confidential emails between our PM and me. Do you think that such emails qualify as “documents of every kind?” If so, now that I’m a director again, do I have the right to inspect such emails between her and the PM? Or between the former prez and the COO of our MC ? And even IF she had the right to inspect them, did she have the right to cite them to all Owners, i.e., to make them “public?”