New Board Member

Started by JosephB7 • 5 replies • 402 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JosephB7 (North Carolina)
Posts: 11

Posted:

Our HOA has engaged the opinion of an attorney regarding how the HOA should consider dealing with a homeowner issue. The homeowner was recently elected to the Board and wants to see all attorney / client information concerning our position regarding this particular homeowner. It's the Boards opinion that this owner just got on the Board to strengthen his position legally. Should the Board allow the homeowner (now Board member) access to these documents or do we have a right withhold to protect the interests of the HOA.

AugustinD
Posts: 5,144

Posted:

Under no circumstances should this new board director (call him "John Smith") be permitted to view the exchanges between the HOA attorney and the board on the subject of the dispute between owner (and now board director) John Smith and the HOA. Also John Smith should not be allowed to sit in on the board's discussion of this dispute.

John Smith was lawfully elected to the board and has full rights and privileges as an owner and director otherwise. The Board should be polite but firm.

The reason for disallowing John Smith from seeing the exchanges is on account of attorney-client privilege. The latter harkens back to general principles of fairness in a legal dispute, embraced fully by statute and case law. The Board's concern that owner/director John Smith just wants to strengthen his position legally is 110% valid.

SheliaH (Indiana)
Posts: 6,964

Posted:

What AugustinD said.

In fact, you may need to have a discussion right now about attorney-client privilege and certain issues that may warrant executive sessions and that those sessions ARE NOT for public consumption (or pillow talk with one's spouse, significant other, etc.) I can see this person talking out of class for whatever reason, and he/she needs to understand board services isn't about him or her exclusively, but the entire association. If he/she can't/refuses to understand that, maybe he/she needs to rethink why he/she wants to be on the board.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DeidreB (Virginia)
Posts: 113

Posted:

1. If this new Director is worth his salt, he would recuse himself from any lawful, ongoing Board-attorney interactions related to him.

2. As a member he still has rights and can seek under your state's relevant Property Owner's Association laws any records relating to him in accordance with those or any other related laws.

3. Your board's opinion that this board member just got on the board to strengthen his position legally misses the point that he was elected by enough homeowners who met a quorum and voted for him (I assume). So he represents the will of the members, informed or otherwise.

4. A dual track approach would be ideal. Treat him like any other owner with respect to his ongoing issue with the HOA, with him recused or partitioned (discuss with your attorney) as appropriate. And allow him to act as a director fully without disregard on all other matters.

KerryL1 (California)
Posts: 14,550

Posted:

Is JohnS currently in a dispute or legal action with the HOA?

BenA2 (Texas)
Posts: 1,273

Posted:

Common sense dictates he should not have access to information involving his own case but we are talking about a legal issue. Access to records varies from state to state and I would not deny any member access to records without a clear legal reason to do so. I recommend consulting with the attorney.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here