Attorney-client Privilege Question

Attorney client privilege is waived when the client divulges the information to a third party. The privilege was waived when the letter was sent to you at the instruction of the client.
The board is not supposed to identify members who are the subject of disciplinary actions.
Here it is illegal for the board to disclose to a third party, a member's name, property address, phone number, email address. Discipline matters are handled privately in executive session.

I wouldn't say "The association is suing the Joneses because they refuse to comply with the CCRs". When I was on the board, the most we'd say would be "The board is discussing possible litigation involving compliance with the CCRs" and leave it at that. Civil and criminal cases are public records, so if someone wants to know who's suing whom, they can go to the court clerk's office and look it up. If the lawsuit has already been filed, anyone would be able to see that X HOA is suing Mr. and Mrs. Jones.

Disclosure of personal information is another matter, and that's getting more dicey because there's a lot of stuff on the internet about nearly everyone (they say you should Google yourself to see what comes up - and how much of it is accurate). If this has been an ongoing dispute between the association and this homeowner, there's a chance everyone already knows who it is, so has one's privacy been violated in that case? If stuff like one's SSN or medical history is disclosed, probably. If an email or phone number were disclosed and now the Joneses are being hit with dozens of crazy people making phone calls at all hours or sending nasty emails, that would be a problem.

If you're the homeowner in this situation, you may want to take all this to your attorney and let him or her handle it. The association may have sent you a cease and desist letter, but you may be able to hit back with a lawsuit of your own about this, along with the issue that prompted the letter in the first place.

As others pointed out, the letter is not a-c privileged.

It probably depends. In general, I would advise the board not to do so. There are too many ways the owner could sue.

>In Florida, false. By statute, violations proceedings are open to all owners, unless there are some truly extenuating legal-related circumstances.

The board should address the issue to the those identified in on the deed.
Some deeds only show one person and not the spouse.

It prohibits me permanently and forever from contacting anyone on the entire management team in any way except by certified mail return receipt requested. It's completely ridiculous. Again, it is written specifically to me. Not my husband. However, they now are refusing to speak with him stating he has a C&D against him but he does not. Very vindictive Bd President and CAM spearheading this.

Respectfully, normally it takes a lot for a HOA to write a C&D letter like the one you described. E.g. the owner is quite abusive in her/his communications. Or so many requests have been made that the HOA board thinks the owner is unreasonable.

I would want to hear the HOA's side.

I am not an abusive person in any way. So, no. Nothing abusive or threatening. Over a period of about 6 months, we are talking about 11 emails 3 of those were emails regarding exterior issues with our unit. Other email was requesting copies of contracts having no attorney/client privilege;
a couple requested updates on information I shared and provided to the Bd from my time
on the Board; and one asked about notice provided for the annual meeting for which proper notice was not given in accordance with our Bylaws.

What I'm mostly wondering is the fact that they are refusing to speak with my husband who is not a part of the C&D. I don't think they can do that.

There was no Records Request Policy in place. Rules say to contact our CAM for questions. Other than that, nothing was in place.

No cease and desist letter can deprive you of any of your rights as a member.