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MarkS44 (Washington)
Posts: 16
Posted:
Our community is in a lawsuit with one of our members.

Our Board called for a meeting, headed by our attorney, we had yesterday (7/15) In the Presidents email to the entire community (7/11) he stated: ā€œ The board wants all to know that this meeting will NOT be recorded. Nor can it be recorded by anyone present.ā€

The antagonist, I have referenced in other threads, attended the meeting. The antagonist took notes as did others. That evening the antagonist published her personal summary of her meeting minutes. Basically violating many peoples trust.

In the meeting we discussed children being yelled at by the person in the community that is being sued for easement access. The antagonist asked for the names of the children. No one answered but one person eventually did saying, ā€œlast nameā€, girls. The antagonist wrote this in her email (names fictional): ā€œ Antagonist asked which kids were sworn at? No parents spoke up, but John Ford volunteered that it was the Bentley kids that were sworn at. John said he had received a couple calls. Antagonist suggested he get it in writing. ā€

I wrote the antagonist this email (only her): ā€œRE: Your email. July 15, 23:20. ā€œMeeting Notes Informational Meeting of 7/15/2024ā€

ā€œThe President specifically said no recording - July 11, 16:17, ā€œInformationā€..Ā It wasn’t a secret meeting. Anyone in the community could attend. It was a forum, in my opinion, were people could speak confidentiallyĀ amongst the group that did attend - off record.

Mentioning children in your document, albeit only their last name, was so wrong. What if someone gave you all the names of childrenĀ as you requested?Ā What if we had gotten into a detailed discussion? What if an off handed negative opinion of one of the children was said? Children, by name or description,Ā have no place in any community documents.Ā 

My opinion. You need to delete the wording that references children by identifiable traits - last name in this case.ā€ Ā (END)

Most of my threads here deal with this caustic person. She is a licensed stock broker. Manages billions of dollars - yes, billions. Yet, stoops to utterly low behavior. I am sure she has a mental condition. I am no longer on the board but all the board members are my very good friends. I would like to give them advice.

Opinions please.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Don't give them advice.

The board should address legal issues with the association attorney - especially if there is litigation ongoing. In fact, the board cannot discuss this with you or any other a homeowner because they risk breaching attorney client privilege.

I hope the board knows this.
KerryL1 (California)
Posts: 14,550
Posted:
I think, Cathy, that the "antagonist" and the Owner being sued are two different people. MarkS' communication is sort of confusing.

I don't think children's name should be used, or, if fact, any names that come out at an Information Meeting.

The antagonist dd not "record" the meeting.

I think there're Ideas in MarkS' previous post about blocking the antagonist from sending emails to owners. This newest complaint is really no different Let her go door to door

MarkS44 (Washington)
Posts: 16
Posted:
The legal issue is over an easement. I agree with you. The attorney advises us on what we can/cannot say….etc. This said, it is the HOA representing, the community members so the Board has an imperative to the community, who fund the suit, to be as transparent as possible.

The issue I am referencing here is the conduct of one of the community members. Sorry if I was not definitive in my post.

Mark
MarkS44 (Washington)
Posts: 16
Posted:
Thank you KerryL1. Yes. The, ā€œforumā€, the antagonist operates in, is the easement suit. The antagonist supports the neighbors blocking of our easement. From this platform of being the neighbors sole supporter - she disparages people in the neighborhood using mass email. She is a very angry person that gets more and more angry as the easement blocker looses judgements.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By KerryL1 on 07/16/2024 1:07 PM
I think, Cathy, that the "antagonist" and the Owner being sued are two different people. MarkS' communication is sort of confusing.

I don't think children's name should be used, or, if fact, any names that come out at an Information Meeting.

The antagonist dd not "record" the meeting.

I think there're Ideas in MarkS' previous post about blocking the antagonist from sending emails to owners. This newest complaint is really no different Let her go door to door


OK.

But the board should not be discussing disciplinary actions or other confidential information with a homeowner who is not involved. This is why violation hearings and the like are held in executive session.

Stepping down from the board can be frustrating because all of a sudden the former board member no longer has access to information that they used to have. But that is way it has to be. A "former board member" has no particular status or authority, they're a homeowner the same as everyone else.

I'll note that if the board is dealing with someone who truly does have mental issues, the dreaded specter of Fair Housing Laws can arise. Any discussions need to be between the board and the association attorney before the board really gets itself into trouble.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarkS44 on 07/16/2024 12:24 PM

Mentioning children in your document, albeit only their last name, was so wrong.

I hope the name you used was fictitious vs. a real last name.
ElleN (Idaho)
Posts: 4,420
Posted:
MarkS44, you as an individual have no legal or other authority over this woman.

I would not have written this letter. If I had wanted to express my concerns, I would never use phrasing like "You need to delete... " If you wanted some kind of action, perhaps a letter to the board would be in order.

I also feel that the woman has a lawful right to publish the notes from this meeting, to the extent the notes are honest; not defamatory; and a few other things I suppose.
MarkS44 (Washington)
Posts: 16
Posted:
Fiction
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mark

My first blush is the BOD should not be involved in the shouting issue. That is a neighbor to neighbor issue not a BOD issue.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By CathyA3 on 07/16/2024 12:50 PM
Don't give them advice.

The board should address legal issues with the association attorney - especially if there is litigation ongoing. In fact, the board cannot discuss this with you or any other a homeowner because they risk breaching attorney client privilege.

I hope the board knows this.

The board is the client. The board has control of the privilege. The board can disclose whatever it wants to but the lawyer cannot.

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