Quote:
Posted By JosephB7 on 01/27/2020 7:58 AM
We have a new Board member joining the Board this year. The previous Board had to reach out to our attorney for guidance regarding an issue pertaining to the new Board member. The issue is irrelevant but the Board is concerned that if the new Board member has access to attorney notes and opinions regarding the issue the new Board member could use that information to strengthen their position against the Board. Would a non disclosure agreement be appropriate?
Without more information, I think giving the best solution is not possible. For example, did this new board member threaten suit over this particular issue? If so, then I am not sure it is appropriate to share what is probably attorney-client privileged information with the new board member.
Was this board member appointed or elected?
You say the issue is irrelevant. But if there is a possibility the new board member could use the info 'to strengthen his/her position against the board,' then to me, it does not sound irrelevant. And a non-disclosure agreement is possibly not enough or absolutely useless. Furthermore, the Board might be violating its fiduciary duty to the membership and HOA by giving this board member what may be ammunition to legally attack the HOA.
On the other hand, board members need to be informed and should have access to virtually all records.
I know people want to preserve their anonymity here by keeping things kinda vague. But if you cannot share more, then I think you are better off asking your attorney his/her opinion.