BOD Leaking information to Homeowners

Started by CourtneyS2 • 10 replies • 518 views

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CourtneyS2 (Texas)
Posts: 74

Posted:

A BOD is leaking financial information to a resident about being them owing attorney fees and balance. The person he is telling is the spouse but not on the deed of the home. I feel this person could sue us if this causes problems in their personal life.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I feel that too. So what?

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

Depends. In some states a person who is legally married to the person whose name is on the deed is also considered an owner - in other states, not. What does Texas say?

On one hand, the board is not responsible for residents' marital problems, and trying to sue an association because of something like that would be laughed out of court. On the other hand, anybody can sue anybody for any reason, assuming they can find lawyers willing to play the game.

On the third hand, board members need to understand what is considered confidential info and learn to zip lip when appropriate.

Personal opinion: somebody doesn't have enough to do and is looking to stir up trouble.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By CourtneyS2 on 04/20/2021 3:32 AM
A BOD is leaking financial information to a resident about being them owing attorney fees and balance. The person he is telling is the spouse but not on the deed of the home. I feel this person could sue us if this causes problems in their personal life.

The HOA would be causing alleged problems in a person's personal life by reaching a stage in the collections process where attorneys are handling a delinquent account. However, this is an interesting question to pose, especially if this is a married couple who are still legally married. Also, while HOAs should absolutely handle accounts with discretion and professionalism, I never seen a case where any HOA documents are truly "confidential" or legally protected from public view. Anything about an HOA can be leaked. Delinquent accounts eventually go public as they hit the lien and court processes.

NOTE: I'd prefer an HOA stay out of a situation where there is known relationship issues.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I agree with what Cathy said:

On one hand, the board is not responsible for residents' marital problems, and trying to sue an association because of something like that would be laughed out of court. On the other hand, anybody can sue anybody for any reason, assuming they can find lawyers willing to play the game.

CourtneyS2 (Texas)
Posts: 74

Posted:

The homeowner is currently on a payment plant with the attorney. The BOD keeps harassing the homeowner spouse about even being on a payment plan. This same homeowner is also one of our vendors we are are currently in the process of ending our contract with.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By CourtneyS2 on 04/20/2021 9:29 AM
The homeowner is currently on a payment plant with the attorney. The BOD keeps harassing the homeowner spouse about even being on a payment plan.

Have the homeowner send a complaint about the harassment to the HOA attorney, cc'ing the board.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CourtneyS2 on 04/20/2021 9:29 AM
The homeowner is currently on a payment plant with the attorney. The BOD keeps harassing the homeowner spouse about even being on a payment plan. This same homeowner is also one of our vendors we are are currently in the process of ending our contract with.

How are they harassing the spouse?

KerryL1 (California)
Posts: 14,550

Posted:

Say, Courtney, "BOD" means board of directors. It's not the whole Board revealing this info, right? Just one director?

Are you on the Board?

IrmaW1 (Colorado)
Posts: 3

Posted:

The BOD has nothing to do in personal matters but as long as the personal information revealed is not protected or deemed confidential, shouldn't matter; otherwise, the BOD member should be warned in Executive Session, and removed if it should continue.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Irma

You just do not "remove" BOD Members for bad behavior. Removing a BOD Member(s) can be done. Not easily, but it can be done.

Typically they have to be removed the same way they got on the BOD. If appointed to the BOD by BOD Members, they can can be removed by the BOD Members. If elected to the BOD by owners, the owners must remove them typically via a Recall which may well take a majority of all owners agreeing to do so.

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