AngelaK2 (California)
Posts: 1
Posts: 1
Posted:
If the homeowner emails are accidentally shared in an owner email blast, should a board member be censured?
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censure
Started by AngelaK2 • 11 replies • 225 views
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ElleN (Idaho)
Posts: 1,334
Posts: 1,334
Posted:
Accidentally?
No censure. I expect the director learned his/her lesson.
No censure. I expect the director learned his/her lesson.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Is this board member responsible for issuing the email blasts? Did the homeowner's emails contain inflammatory language, confidential information or both? How did the accident occur?
I agree that a censure probably isn't necessary because mistakes can and do happen. However, the board should find out what happened so it doesn't happen again. The board member should apologize to the homeowner for the miscue.
And if the homeowner used inappropriate language in his or her messages to the board, or she should also apologize for letting his/emotions take over. Sometimes we don't realize how crazy we can sound in an email and by the time we do, it may be too late to recall the message
I agree that a censure probably isn't necessary because mistakes can and do happen. However, the board should find out what happened so it doesn't happen again. The board member should apologize to the homeowner for the miscue.
And if the homeowner used inappropriate language in his or her messages to the board, or she should also apologize for letting his/emotions take over. Sometimes we don't realize how crazy we can sound in an email and by the time we do, it may be too late to recall the message
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Are you the one who accidentally shared the emails or someone who's email was shared?
Regardless of what we think, your board will do what they will.
Based on the info provided below, members have a right to those addresses anyway.
From the Davis Stirling site on membership lists
Email Addresses. Beginning January 1, 2020, members' email addresses, which are officially made available to an association, must be added to the membership list information. Civil Code § 5200 defines "Association records" to include membership lists with email addresses. With the steady increase in junk email, identity theft, malware, and hacking, most owners do not want their email addresses made public without their permission. Fortunately, the Davis-Stirling Act allows members to opt out of the membership list (see below).
Opting Out
Although Corporations Code § 8330(c) allows withholding the entire membership list if the association provides an alternate means of communication, the statute was modified by the legislature so that associations can no longer withhold the list. (Civ. Code § 5200(a)(9) and § 5205.) However, members retain the right to opt out of the list.
A member of the association may opt out of the sharing of his or her name, property address, and mailing address by notifying the association in writing that he or she prefers to be contacted via the alternative process described in subdivision (c) of Section 8330 of the Corporations Code. This opt-out shall remain in effect until changed by the member. (Civ. Code § 5220.)
Alternative Methods for Contact. Opting out does not mean owners are immune from contact with other members. The statute that allows opting out also provides that the association must provide an alternative means for contacting members. (Civ. Code § 5220.) Following are two options for handling communications with members who opt out of the membership list:
1) HOA Applies Labels. Members who want to mail a letter to opt-out members can deliver their letter to the association in sealed envelopes with postage already applied. The association (or its management company) then applies mailing labels to the envelopes and drops them in the mail.
2) Mailing House. A complete mailing list of all members (including opt-out members) could be provided by the association to an independent printer/mailer. A member who wants to mail a letter to all other members takes it to the company, which then applies mailing labels and mails it to everyone. Or, in the alternative, prints the letter, puts it in envelopes, applies mailing labels and postage, and drops it in the mail. It depends on the level of service offered by the company.
Regardless of what we think, your board will do what they will.
Based on the info provided below, members have a right to those addresses anyway.
From the Davis Stirling site on membership lists
Email Addresses. Beginning January 1, 2020, members' email addresses, which are officially made available to an association, must be added to the membership list information. Civil Code § 5200 defines "Association records" to include membership lists with email addresses. With the steady increase in junk email, identity theft, malware, and hacking, most owners do not want their email addresses made public without their permission. Fortunately, the Davis-Stirling Act allows members to opt out of the membership list (see below).
Opting Out
Although Corporations Code § 8330(c) allows withholding the entire membership list if the association provides an alternate means of communication, the statute was modified by the legislature so that associations can no longer withhold the list. (Civ. Code § 5200(a)(9) and § 5205.) However, members retain the right to opt out of the list.
A member of the association may opt out of the sharing of his or her name, property address, and mailing address by notifying the association in writing that he or she prefers to be contacted via the alternative process described in subdivision (c) of Section 8330 of the Corporations Code. This opt-out shall remain in effect until changed by the member. (Civ. Code § 5220.)
Alternative Methods for Contact. Opting out does not mean owners are immune from contact with other members. The statute that allows opting out also provides that the association must provide an alternative means for contacting members. (Civ. Code § 5220.) Following are two options for handling communications with members who opt out of the membership list:
1) HOA Applies Labels. Members who want to mail a letter to opt-out members can deliver their letter to the association in sealed envelopes with postage already applied. The association (or its management company) then applies mailing labels to the envelopes and drops them in the mail.
2) Mailing House. A complete mailing list of all members (including opt-out members) could be provided by the association to an independent printer/mailer. A member who wants to mail a letter to all other members takes it to the company, which then applies mailing labels and mails it to everyone. Or, in the alternative, prints the letter, puts it in envelopes, applies mailing labels and postage, and drops it in the mail. It depends on the level of service offered by the company.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I'm missing something: Did ONE director share an owner's email with all owners?? To whom was this owner's email addressed? The Board? the director?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
It appears to have been an email sent to the entire membership.
Instead of having the membership email addresses as a BCC (blind carbon copy), hiding the email addresses from everyone, it went with all the email addresses visible.
Instead of having the membership email addresses as a BCC (blind carbon copy), hiding the email addresses from everyone, it went with all the email addresses visible.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Thanks Tim! I could not make sense out of " homeowner emails.," which meant email addresses.
Now I'm puzzled about why one director is sending such an email.
I, too, do't think a censure is necessary. or helpful What does an ensure look like in your HOA, Angela?
Now I'm puzzled about why one director is sending such an email.
I, too, do't think a censure is necessary. or helpful What does an ensure look like in your HOA, Angela?
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By AngelaK2 on 05/01/2025 12:23 PM
If the homeowner emails are accidentally shared in an owner email blast, should a board member be censured?
If the homeowner emails are accidentally shared in an owner email blast, should a board member be censured?
What does that even mean? Are you proposing an entry in the minutes indicating the board member was censured?
Is this a violation of established policy and do you have a written policy on censure.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Thanks to Dean for expressing my question more clearly
Tho' not used in several years, our Board does have censure policy.
Tho' not used in several years, our Board does have censure policy.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Here is info from Davis Stirlings site
https://www.davis-stirling.com/HOME/C/Censuring-Directors
From that website:
Censure is a Form of Free Speech, Not a Disciplinary Action
https://www.davis-stirling.com/HOME/C/Censuring-Directors
From that website:
Censure is a Form of Free Speech, Not a Disciplinary Action
ElleN (Idaho)
Posts: 1,334
Posts: 1,334
Posted:
Quote:
Posted By TimB4 on 05/02/2025 4:18 PM
Here is info from Davis Stirlings site
https://www.davis-stirling.com/HOME/C/Censuring-Directors
From that website:
Censure is a Form of Free Speech, Not a Disciplinary Action
Here is info from Davis Stirlings site
https://www.davis-stirling.com/HOME/C/Censuring-Directors
From that website:
Censure is a Form of Free Speech, Not a Disciplinary Action
Censure is a type of discipline. Robert's Rules says so. The U. S. Senate and U. S. House say so. Common sense says so. The purpose largely is to humble someone and deter a repeat. Censure is discipline just as much as a spanking is discipline.
Of note: As a disciplinary measure, "censure" has risks. Robert's Rules references at least one instance where someone sued successfully for libel because the deliberative body published the 'charges' against him. See http://rulesonline.com/rror-13.htm
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
IMO, the below is a better definition of censure form D-S.com. It is a reprimand.
https://www.davis-stirling.com/HOME/C/Censuring-Directors
"Censure, noun. An official condemnation, reprimand, or expression of adverse criticism, usually by a legislative or other formal body, of the conduct of one of its members or of someone whose behavior it monitors. Webster's New World Law Dictionary, Wiley Publishing, Inc., Hoboken, New Jersey...."
"Purpose of a Censure
A censure is the reprimand of a director for misconduct. A censure can be imposed immediately by motion and vote of the directors if, for example, if the bad behavior occurs in a board meeting. In other matters where a censure may be appropriate, a noticed hearing can be called. In either case, the censure is recorded in the minutes. The minutes should reflect the reason for the censure."
"Examples of Bad Behavior. Behavior worthy of censure includes, but is not limited to:
disruption of meetings (shouting, use of profanity, personal attacks against fellow directors)
breach of confidences
interference with association operations
breach of fiduciary duties
improper behavior toward association vendors or employees
undisclosed conflicts of interest
https://www.davis-stirling.com/HOME/C/Censuring-Directors
"Censure, noun. An official condemnation, reprimand, or expression of adverse criticism, usually by a legislative or other formal body, of the conduct of one of its members or of someone whose behavior it monitors. Webster's New World Law Dictionary, Wiley Publishing, Inc., Hoboken, New Jersey...."
"Purpose of a Censure
A censure is the reprimand of a director for misconduct. A censure can be imposed immediately by motion and vote of the directors if, for example, if the bad behavior occurs in a board meeting. In other matters where a censure may be appropriate, a noticed hearing can be called. In either case, the censure is recorded in the minutes. The minutes should reflect the reason for the censure."
"Examples of Bad Behavior. Behavior worthy of censure includes, but is not limited to:
disruption of meetings (shouting, use of profanity, personal attacks against fellow directors)
breach of confidences
interference with association operations
breach of fiduciary duties
improper behavior toward association vendors or employees
undisclosed conflicts of interest
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