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MichaelT21 (Arkansas)
Posts: 501
Posted:
OK guys,

A former board member still controls an e-mail account (gmail) that was the association e-mail account for about 10 years. In the e-mail account are thousands of board e-mails including homeowner inquiries, signed contracts, estimates, and other stuff. I recently aquired the password to it and was able to see everything inside for about 2 hours, however, the former board member received a notification that an unknown person was in the account. As soon as possible, the former board member logged me out and changed the password.

Thus, I am a little perplexed about the avenue going forward. I think 10 years worth of e-mail correspondence and attachments is a treasure trove of data that will help provide historical reference for our association and help enable it moving forward.

However, the former board member left on bad terms with me and others, and will not likely want to give up control of the association e-mail account. Likely, she is probably fearful that the new board will find something that makes her look bad.

Do the former board have an obligation to hand over control of the HOA e-mail account to the new Board? Is it worth us pushing it?

Thanks!
CathyA3 (Ohio)
Posts: 6,299
Posted:
There are HOA records in this email account. If you don't have backups anywhere, you need to get your hands on them. If you do have backups, this may be less of an issue, although it may be a bit of a nuisance to round them up.

If there are no backups, I'd make an official request stating that you need to obtain access to download the necessary records. If Mr. Account Owner doesn't cooperate, consider having the association attorney send him a stiffly worded letter. The records do not belong to him, and he's probably violating a few laws if he doesn't turn them over (or deletes them).
ND (PA)
Posts: 792
Posted:
Welcome back Henry!!
MichaelT21 (Arkansas)
Posts: 501
Posted:
Quote:
Posted By ND on 03/30/2022 12:23 PM
Welcome back Henry!!

Doh! How'd you guess???
KerryL1 (California)
Posts: 14,550
Posted:
For me, it was the playground/park on a different thread and (finally!) Washington.

Cathy's advice looks good.
KerryL1 (California)
Posts: 14,550
Posted:
For me, it was the playground/park on a different thread and (finally!) Washington.

Cathy's advice looks good.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Another reason to push on this: if the HOA is still using this email address there may be confidential items discussed, and since this person is no longer on the board she should not be seeing them.
AugustinD
Posts: 3,698
Posted:
I suggest the Board agree to have the HOA attorney immediately write a letter to the owner (a former director) informing the owner to delete nothing; provide the password immediately to the board president; or there will be trouble.

This gmail account is HOA property. AFAIC the current board has an obligation to recover usage of this gmail account.
AugustinD
Posts: 3,698
Posted:
Aside: Exposing a HOATalk member who obviously wants anonymity is not cool, AFAIC.
ND (PA)
Posts: 792
Posted:
Quote:
Posted By AugustinD on 03/30/2022 2:47 PM
Aside: Exposing a HOATalk member who obviously wants anonymity is not cool, AFAIC.

IMHO . . . some folks take certain things too seriously. AFAIC . . . it would have come out sooner or later anyway and didn't take a super sleuth to figure out.
AugustinD
Posts: 3,698
Posted:
For one thing, I think many folks come here in a pre-litigation stage, hoping for some help without having to pay a fortune to an attorney who may very well have no experience with HOAs. (That's assuming they can even find an attorney to do a consultation. Even when one has money, just finding an attorney willing to do a consultation, and having the required experience, can be impossible.)

To me, whether the person who comes here and posts actually lands in a court is not relevant. They do not want their HOAs to be able to identify them and use what they post here against them. I want to respect this. I want to try to treat them the way I would want to be treated. It costs nothing to respect people's privacy here.
AdamL1 (UnitedStates)
Posts: 559
Posted:
Agreed that the gmail account is HOA property.

Agreed that anyone who is not in the leadership team should not have access to this account.

Agreed that current leadership needs to immediately wrestle away access of this account from this former board member.

Agreed that you need to create some sort of group access to this account, so that this scenario doesn't happen again.
======================
also agree about doxing ppl if they changed their name.

KerryL1 (California)
Posts: 14,550
Posted:
IMO, that Michael posted under a different name does in no way reveal his true name or the name/location of his HOA. there must be 100s of HAs in WA with playground & parks.

Though I rarely review old posts by particular ppl., sometimes others like to review the past accounts of a certain element of posts, which can help with advice.

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