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MichaelH34 (North Carolina)
Posts: 179
Posted:
Have you tried? Were you successful? Did you lose all your hair in the process?

The reason I'm asking is our HOA has a few people in our governing structure who:

1) Are using oddball (yahoo, aol and university) email hosts/addresses which occasionally play havoc with the mailing lists we use for group communication. Those hosts often shunt valid emails from our HOA into junk folders without warning.

2) Don't reliably include other governing members on email chains.

I'm also concerned about data retention, which I have near zero control over with communications going to places like aol and universities.

I'm seriously considering mandating that BOD, officers and heads of committees use email addresses from our HOA domain in much the way any employee of a company would use a company address.

I know I'll get some resistance from a few people in our HOA but I can probably deal with that if I has some input from people who've done this longer and might have dealt with issues like this before.

AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MichaelH34 on 12/09/2021 4:17 PM
I'm seriously considering mandating that BOD, officers and heads of committees use email addresses from our HOA domain in much the way any employee of a company would use a company address.
Can you please quote the section of your HOA's Bylaws or Declaration that gives the President the authority to mandate what email addresses directors, officers or others must use?
MichaelH34 (North Carolina)
Posts: 179
Posted:
As you expected, there isn't one.

I haven't trolled the NC HOA or non-profit corporation statutes for relevant verbiage yet but that's next on my list.
TimB4 (Tennessee)
Posts: 21,059
Posted:
We were partially successful.

It was explained that in any legal action, emails would be considered discoverable. Therefore, if one used their personal or work emails, it's possible that the courts would order the full release of emails. This meant that you would have to explain to your work why they had to provide emails for discovery and that some of your personal emails might be viewed along with any HOA related emails. If they really thought that their work wouldn't mind and they didn't care about their personal correspondence that they should only utilize Association email.

Many utilized the association email.
Some insisted that the association email be forwarded to their home and/or work email.
Some simply didn't think it would happen and could care less.
SheliaH (Indiana)
Posts: 6,964
Posted:
Years ago, all of our board members set up specific email accounts that were only to be used for HOA business - we received the same information Tim did about the danger of your personal or work emails becoming vulnerable if there was a lawsuit and everything in that account had to be given up so the attorneys could dig for the HOA stuff. Today, emails to the board go to one account - since I left in 2014, I assume the members still have dedicated accounts to receive responses.

This is one of those times where people need to act like adults - or suffer the consequences. They are responsible for ensuring the association has a legitimate email address so correspondence can get to them on time so it'll be addressed appropriately. If people insist on using emails that may go sideways and they try to blame the email ("but I'm not using that one anymore") they need to be called out on their BS. In my job we have limits on using company emails for personal business (like HOA board matters) and any excessive or inappropriate use could result in you being tossed from the company, so some of these folks need to get with the times and pay attention.

You don't say if you're board president - if so, you know or should know you probably can't mandate a lot by your lonesome, so mandating specific emails might require a vote - even if it does make perfect sense to use something from your HOA domain. Make your suggestion, explain what's happening - in fact, offer up an example or two where people didn't respond on time because they provided the wrong email address. You don't have to name names - just provide enough information so the person or people you're referring to know exactly what you're talking about. Then the decision is up to your colleagues. If the naysayers get outvoted and whine, let them (next time, they can be called out by name - let's see how they'd like that!)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MichaelH34 on 12/09/2021 4:17 PM
1) Are using oddball (yahoo, aol and university) email hosts/addresses which occasionally play havoc with the mailing lists we use for group communication. Those hosts often shunt valid emails from our HOA into junk folders without warning.
Also this begs the question: Why are extensive discussions happening by email?

There is a talent to halting email discussions and informing all that you have added the topic to the agenda for the next board meeting, and you will entertain no more discussion by email of the topic.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am one of those people who don't use a "conventional" email. Why? Security reasons. I never recommend someone named "John Smith" uses email address as: [email protected]. Plus be careful of your signature block as well. I use multiple "fake" email addresses not using my real identity. This is how your identity get stolen or passed around.

It also should be noted as Tim pointed out, that IF you use your WORK computer to communicate, you do NOT own your WORK computer. What does that mean? It is subject to your company rules. They have a RIGHT to your email and email history. Plus in "discovery" process ALL your work email may be subpeoned.

So if you email account for your HOA is rejecting emails or going to your junk box, check your settings. Check the junk box and mark the email "Not Junk". Make it so you include checking the junk box as long with the inbox.

It's just a bad idea and risks additional identity theft to have people use their real names as part of their email address. People do it yes. People also get their ID stolen and wonder how that happened too..

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By AugustinD on 12/09/2021 8:27 PM
Posted By MichaelH34 on 12/09/2021 4:17 PM
1) Are using oddball (yahoo, aol and university) email hosts/addresses which occasionally play havoc with the mailing lists we use for group communication. Those hosts often shunt valid emails from our HOA into junk folders without warning.
Also this begs the question: Why are extensive discussions happening by email?

There is a talent to halting email discussions and informing all that you have added the topic to the agenda for the next board meeting, and you will entertain no more discussion by email of the topic.



That reminds me - y'all need a policy on email communications which would address issues like extensive discussions of association issues - if your documents call for open meetings, those topics should be held in that arena, not by email. There have been dozens of conversations on this website about this topic - you may want to look at a few to see what sort of mines you might encounter.

And you do know those emails could be considered association records, don't you? Remember, the law is still evolving on this stuff, so have a chat with your attorney for ideas on what you should address for now. Then the board can vote on a resolution to adopt it - in an OPEN meeting. If you're concerned about COVID, there are options like Zoom (which has its own considerations).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
HenryS7 (Pennsylvania)
Posts: 336
Posted:
No, per our attorney, e-mails (except for votes) are not considered records of the association.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I agree with the comments so far. I think the board is within its right to create such an email address and require its use by board members and committee heads. I doubt that any bylaws or state law say anything about it since that would fall under the heading of micromanaging in my book. Limiting what actions boards can take via email says nothing about the platform they should use.

We created a single HOA email address that is copied to the board members and PM, and we didn't have to twist any arms because there are good reasons to do it:

* Convenience for everyone, including homeowners, who have only one email address to remember.

* Consolidates all HOA records - which increases security, accuracy, and reliability.

* Reinforces the idea that the HOA is a corporation, and people should treat these records securely and professionally (unlike the random junk that can arrive in people's personal email inboxes). People use different email addresses at work, and this is no different. Bonus points if your HOA has its own domain name and you have a "branded" email address (for example: [email protected]).

Emphasizing the benefits of using it should help avoid any push back - and frankly I'd be giving some side-eye to any board or committee member that does push back since I'd question their understanding of the job requirements. For committee members it would justify removal from the committee since they generally serve at the board's pleasure - if they're making trouble over low stakes things like an email address, they're unlikely to be productive committee members (just the opposite, in fact).

AugustinD
Posts: 3,698
Posted:
Quote:
Posted By SheliaH on 12/10/2021 4:49 AM

And you do know those emails could be considered association records, don't you? Remember, the law is still evolving on this stuff, so have a chat with your attorney for ideas on what you should address for now. Then the board can vote on a resolution to adopt it - in an OPEN meeting.
Good post AFAIC. What would most motivate me to avoid long email discussions is indeed the fact that they are discoverable if litigation arises. Furthermore and pre-litigation, one side's attorney has the legal right to order the other side's clients to freeze their accounts and delete nothing, or else face the judge when it's found that emails were deleted.

HenryS7, I thought your HOA attorney spoke of this, while at the same time distinguishing this from what records an owner may inspect under corporate records statutes? For the most part, pursuant to an owner's right to inspect official records of the HOA, owners should not expect to see email exchanges.

To support the OP a bit, I would say that, as President, he presides at meetings. I do not think he can preside and be effective during a multi-participant email exchange. As President; to ensure order; and while pushing topics that arise during email exchanges off to actual board meetings, as often as possible; the President may be within his rights to ask (order?) all to use a certain email address.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
The effort to mandate email addresses for board members isn't worth your time and hassle. Plus, being a volunteer board, such rules will suppress participation and drive you nuts in the long run.

If you're new, never forget that your role is to maintain the fiscal and physical integrity of the community at a financially sustainable dues rate. This should be achieved with maximum transparency in open meetings using texts, emails and other messaging as efficiently as possible. Once you delve into board management or lose focus, the drama will set in and distract you. However, never be shy about sharing HOA email correspondence and know that EVERY email you send, especially if you're president, should be expected to be "leaked" or fully gossiped upon. That's the game.

By the way, there will be a thousand policy decisions that you or the board can make that will not be listed in your governing documents. It's fair to explore and ponder ideas but know you'll reject most of them.
BenA2 (Texas)
Posts: 1,273
Posted:
Unless your governing documents are unusual, the board makes decisions, so one person cannot mandate anything. Even if the board required using specific emails, you could not enforce it. In most cases elections and recalls are the only way to control a board member. Would you consider a recall because someone insists on using an unsanctioned email address?

If you are concerned about retaining the emails, anyone receiving or sending an email can retain it.
MichaelH34 (North Carolina)
Posts: 179
Posted:
It's difficult to reply to everyone here so I just wanted to say thank you for the input. It's been helpful.

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