Sharing info from Board email

MarietteV, a few observations:

-- The Board President should not be attempting to conduct business by email. Whatever issue has arisen concerning this tree should go on the agenda of a properly noticed meeting of the Board. Newbies: "Properly noticed" means the membership is told when and where the meeting is; the agenda; and so on; all per the governing documents and state law. As you may know, California law is /very/ strict about this.

-- I would try to let go this little upbraiding by the President. In my opinion she is not entirely wrong. Folks can often battle about what is privileged and what is not. But is it worth it?

-- I think a polite response saying you won't share email communications (among the board) with other members in the future is fine. You can follow this with something like, "On another note, and meant with the greatest respect and intended in the best interests of the HOA, could we please not discuss by email non-emergency topics? I believe California law and our governing documents require nearly all topics to wait for a board meeting (open or executive session)."

Here's some discussion about HOA Boards and confidentiality (and privilege et cetera) in California: https://www.davis-stirling.com/HOME/Confidentiality

Here's some discussion of how in general, California HOA Board meetings are not to occur by email: https://www.davis-stirling.com/HOME/Email-Meetings

Of course I doubt the OP caused any harm. Her ego may be hurt a bit, especially when the President appears to have perpetrated a whole different violation of the law.

Good for you, Mariette, for being willing to serve on your Board. As other note, there's no "rule" or "law" that email among board members cannot be shared with members (owners) if not marked confidential. But it's best not to. I'd li eaves the Prez' s criticism alone and agree she's not entirely wrong.

Also as other note, emails among directors should be very limited in CA. A fallen tree is a meeting agenda matter that the Board needs to consider at a duly-noticed meeting UNLESS it's some sort of emergency. A quorum of the Board should not discuss this outside of an open meeting in CA. Why did the prez email directors about it? Was immediate Board action needed?

To help with your education, visit davis-stirling.com and scroll down their Main Index to read about topics that interest you. It's complied by a CA HOA law firm.

Just to clarify about the fallen tree. It was removed immediately and no Board meeting was called to discuss the matter. My question pertained to the fact that I shared the information when it came from an email that was sent to the Board members only, and was I out of line doing so. I think what I could or should have done is to ask if the information was confidential and acted accordingly. I am pleased with the responses I received. They were helpful and supportive and pointed me to some other sources to learn more. Thank you all very much.

Action Without A Meeting is standard in almost all HOA's throughout the United States, including California. A few years ago, the California legislature changed the rules solely based on Boards not doing what was required and that was when action between meetings was taken it is required to be placed into the next meeting's minutes. They weren't doing it, even after being repeatedly warned. So, AWAM can no longer be done unless deemed an emergency.

To the poster, there is no harm in sharing that email with others.

Yes Johnc77 you do call and have a meeting with the BOARD to discuss such items. The Property manager works for the HOA board. Which shouldn't tell the Property manager to take action unless approved by them. Otherwise I think the Property Manager is running a bit "carte blanche" for my taste.

Uhm... The association is the HOA which is represented by the board... Did I miss a "they or them" situation again?

My error, Mariette, I incorrectly assumed that the president was seeking Board approval or a Board decision when she sent the email about the felled tree. But it sounds like Mariette's HOA has a protocol in place to handle such events.

For Barbara: say, there was no protocol or procedure in place. If the tree needed immediate attention, the Board could call an emergency meeting as John77 points out and decide on a course of action. This meeting could take place via email in this case in CA. If the tree wasn't an emergency, there was no procedure in place, and the Board didn't want to wait till the next scheduled regular meeting, they could call a special meeting with 4-days notice to owners to decide on a course of action.

Non sequitur.

Non sequitur.

The ISSUE was if board members are allowed to pass on information contained in a board email - without permission to the general membership (No matter the subject’)

My opinion is No.

Best to tell hubby to take his own picture ( or gather his own news) You are a board member and should respect the confidentiality of board only emails.

You are correct. That was the issue. Thanks for the tip.