Board members only email account

Started by LisaL17 • 14 replies • 205 views

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LisaL17 (Arizona)
Posts: 1

Posted:

My HOA, as with most HOA’s, has a private email account that only board members can access. We had an extremely toxic board member who was actually fired from the board just last night for harassment, bullying, antagonism, etc. While this toxic member was on the board she used the email “forum” to personally attack me. She told the board all sorts of lies about me, accused me of horrible things and of participating in nefarious acts within the community. All were baseless and easy to disprove. I found out about the emails she sent from another board member who knew me well as we have been neighbors for over 15 years. The board found out about the leaked emails when I went to court to get a restraining order against the toxic member. Threats of legal action were made to my board member friend. Even after obtaining the restraining order and six months of emails to our property manager, the harassment and abuse not only continued but her behavior escalated. My HOA did nothing to stop this woman’s harassment but instead shielded her and allowed it to continue. My friend was the only board member who consistently stood up for me during board meetings. He also continued to tell me of the emails she continued to send to board members. He said he thought I had a right to know what was being said about me. How could I possibly defend myself when I had no idea these things were even being said about me in the first place.
Well, at last night’s meeting everything came to a head and lI burnt down the barn. As a result, the other board members had little choice but to expel the toxic member and start the process to legally firing her. My friend, was also expelled and told to expect a call from the HOA attorney . He is taking everything in stride but I am beside myself. This man is the only person on the HOA board who tried to protect me and who did the right thing. I would also like to point out that I am disabled and the board has blocked every request I have made for reasonable accommodations within the complex….except my friend.
Does anyone have an idea what my friend should expect from a legal standpoint?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Lisa,

Sorry to hear of your problems.

Concerning the toxic members emails

Being disabled has zero impact on the "toxic member" (as you call them) issue.
If the issues are false, you can seek legal action against the individual (in addition to a restraining order).
You will need to check with an attorney on those options.

Concerning reasonable accommodations

Being disabled is directly related to reasonable requests.
If the Board is denying your reasonable requests, file a complaint with HUD under the fair housing act.
One verified complaint and I don't think the board will deny reasonable requests in the future.
Here is a link to HUDs: Reasonable Accommodations and Modifications web page

online form to file a complaint from HUD

Prior to filing a complaint, I would word a reasonable accommodation request along the following lines:

To Board of Directors,
I am requesting a reasonable accommodation for my disability under the Federal Fair Housing Act.
The reasonable accommodation is: xyz

This simple wording should give them a heads up that you know your rights.

concerning your friend sharing the emails with you

I'm glad your friend shared the emails with you. In my opinion, he did the morally correct thing. Unfortunately, as a Director, he should not have shared the actual confidential communications between board members (emails) with you. As a Director, he has a duty to the Association, and he likely violated that duty. Expecting that your Association is incorporated See: AZ 10-3830. General standards for directors from the AZ nonprofit corporation act.

Other than a scolding (so to speak), I don't think anything will happen to them.

In the future, it would be better for the friend to simply tell you about them and then for you to seek a court order to see them. Again, a local attorney should be consulted for your legal options. Those on this site try to help but we are not attorneys.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Sorry about that. I dropped a character and the whole thing became bold type.
Here is a reposting, the way it should have looked.

Quote:
Posted By TimB4 on 11/23/2024 3:58 AM
Lisa,

Sorry to hear of your problems.

Concerning the toxic members emails

Being disabled has zero impact on the "toxic member" (as you call them) issue.
If the issues are false, you can seek legal action against the individual (in addition to a restraining order).
You will need to check with an attorney on those options.

Concerning reasonable accommodations

Being disabled is directly related to reasonable requests.
If the Board is denying your reasonable requests, file a complaint with HUD under the fair housing act.
One verified complaint and I don't think the board will deny reasonable requests in the future.
Here is a link to HUDs: Reasonable Accommodations and Modifications web page

online form to file a complaint from HUD

Prior to filing a complaint, I would word a reasonable accommodation request along the following lines:

To Board of Directors,
I am requesting a reasonable accommodation for my disability under the Federal Fair Housing Act.
The reasonable accommodation is: xyz

This simple wording should give them a heads up that you know your rights.

concerning your friend sharing the emails with you

I'm glad your friend shared the emails with you. In my opinion, he did the morally correct thing. Unfortunately, as a Director, he should not have shared the actual confidential communications between board members (emails) with you. As a Director, he has a duty to the Association, and he likely violated that duty. Expecting that your Association is incorporated See: AZ 10-3830. General standards for directors from the AZ nonprofit corporation act.

Other than a scolding (so to speak), I don't think anything will happen to them.

In the future, it would be better for the friend to simply tell you about them and then for you to seek a court order to see them. Again, a local attorney should be consulted for your legal options. Those on this site try to help but we are not attorneys.

TerriS6 (California)
Posts: 3,284

Posted:

Did the board follow the lawful procedure?

https://www.azleg.gov/ars/33/01813.htm

TerriS6 (California)
Posts: 3,284

Posted:

It seems that in Arizona, the only way to remove a director is to get a petition signed by 25% of the membership, then call for a special meeting.

ElleN (Idaho)
Posts: 1,338

Posted:

Quote:

Posted By LisaL17 on 11/22/2024 10:21 PM
at last night’s meeting everything came to a head and lI burnt down the barn. As a result, the other board members had little choice but to expel the toxic member and start the process to legally firing her. My friend, was also expelled and told to expect a call from the HOA attorney . He is taking everything in stride but I am beside myself. This man is the only person on the HOA board who tried to protect me and who did the right thing. I would also like to point out that I am disabled and the board has blocked every request I have made for reasonable accommodations within the complex….except my friend.
Does anyone have an idea what my friend should expect from a legal standpoint?

If the directors whom the board asserts it threw off the board were elected by owners, as a matter of law and fact, they are legally still on the board. Why? Because state law and/or your bylaws will say they can only be removed by a vote of the owners.

The board did in fact have other ways of handling disruptive directors. But this space is too small to get into this right now.

If the board was not reasonable in reviewing your disability accommodation requests, then you should submit a complaint with HUD and/or hire an attorney, due to violations of the Fair Housing Act.

The attempted dismissal of your friend from the board, possibly or definitely because he stuck up for you as a disabled person, should also be listed in your complaint to HUD. Your friend should also consider filing a complaint with HUD, because he was trying to help you (a disabled person and so a member of a protected class); was retaliated against (it seems) for helping you; and so now is a member of a protected class as well.

If you want direction on how to submit a complaint to HUD, then ask. Otherwise google.

DeanJ
Posts: 1,786

Posted:

Ideally, emails between board members should confidential, but I don’t believe any on the board members have a valid lawsuit against your friend. If the HOA has D&O insurance, your friend will not even have to hire an attorney if he is sued.

I would go back to court with evidence the restain8ng order was violated and request contempt of court sanctions.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By DeanJ on 11/23/2024 8:42 AM
If the HOA has D&O insurance, your friend will not even have to hire an attorney if he is sued.

Actually, most D&O insurance does not cover Director v. Director issues.
One must read the policy to be sure.

KerryL1 (California)
Posts: 14,550

Posted:

The Board cannot "fire" a director if they were elected by the Owners he both still are on the Board. Your friend should continue to attend meetings and receive all correspondence, etc. from the Board. In my HOA, even if the friend was appointed by the Board, our Bylaws only permit owners to vote them off as directors. I think that's now FL statutes or at least in one HOA there.

So...what do you mean the Board must "start the process of legally firing" anyone. What is that process?

And even the "toxic" director. Does your HOA have rules or policies saying a director can be removed from their seat if bullying, etc.??? And if her toxic emails were just her nasty opinons, etc.about you, how or why are they "Confidential?" Is is written somewhere that this account is confidential and only to be shared, blah, blah....

MarkM19 (Texas)
Posts: 1,459

Posted:

Tim,
I think what I read from Lisa is she is Not on the board. Her friend who is shared the board email information with her as a resident. That makes me think that this suit if it ever were to happen may be covered by the D&O because she is a owner not on the board.

I think her friend has made a mistake possibly by taking the board email conversations and sharing them in directly with Lisa. Not sure if they had any code of conduct rules in place that could have been violated.

As Kerry and Dean have mentioned this person may have lost their Directorship if they had one and that is about it after this incident.

In most cases the details being withheld make it hard to get the real story on this type of issue. The truth is usually on the middle.

KerryL1 (California)
Posts: 14,550

Posted:

I'm thinking king, Mark, that neither lost thier positions as directors. But we don't know this HOA's Bylaws or aBoard policy about the Board member account.

Unless hampered by the disability I hope the OP will us paragraph breaks,

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MarkM19 on 11/23/2024 4:58 PM
Tim,
I think what I read from Lisa is she is Not on the board. Her friend who is shared the board email information with her as a resident. That makes me think that this suit if it ever were to happen may be covered by the D&O because she is a owner not on the board.

I agree that any legal action Lisa might bring (after talking to her attorney, I hope) would be covered by D&O.

Any action the Board might take against the other Director for providing the emails to Lisa probably would not be covered by D&O insurance. As I pointed out earlier, check your policy to find out if there is an exclusion for legal actions between directors.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I do not think Liza properly knows how to remove a BOD Member. It can be easy if they were appointed by the BOD. It can be difficult if they were elected by the membership. So Lisa, how did they get on the BOD?

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TimB4 on 11/23/2024 3:25 PM
Posted By DeanJ on 11/23/2024 8:42 AM
If the HOA has D&O insurance, your friend will not even have to hire an attorney if he is sued.

Actually, most D&O insurance does not cover Director v. Director issues.
One must read the policy to be sure.

I am not sure at this point what a lawsuit would be for. Failure to keep emails confidential?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Dean,

I don't know either.

Per Lisa, the OP, the board told her friend that they would be hearing from the Associations attorney about releasing the email. I expect the attorney will lay it on thick about duty to the Association and potential outcomes from releasing the emails in an attempt to intimidate the individual. Then nothing more will come of it.

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