Deleting files

You posted this twice (it happens when the button is pushed twice by mistake), so I'll post here?

You don't say what type of files these were, how far back they went or how this board member got access to the computer in the first place, so you need to get those answers first. There are some records, like board meeting minutes that should be kept forever, tax records that may need to be kept for a certain length of time, contracts that may need to be kept as long as tge warranty (if appropriate), lasts and do 9n. Since people are storing more information in a computer, that should be backed up somewhere (usually off site). That part isn't necessarily addressed in state law because states are still catching to these technology changes and will continue to change.

Bottom line: your board should be talking to the former property manager and your ATTRIBUTES NOW to get a handle on this because there are potential consequences that can cause big problems for the association. This board member should be forbidden to access any information from the property manager without prior authorization from the board. A special homeowners meeting would also be appropriate to determine if if a recall is warranted (I think it is and this is the only way you'll get this person off because tge board just can't kick him/her off)

You didn't say when all 5nis happened either, but there may be a way to recover some of the records.. you'll need a computer whiz for that and it may get pricey. Tell that board member know he or she will be responsible for those bills. The former property manager should also be help responsible because that computer should have been secured before his/her departure.

After you get through all this (and it will take some 5ime, depending on how much information has disappeared), you'll need a board policy regarding association records storage, retention, access and destruction. Good luck - this may become on hell of a trip.

Can the board quantify the damages from this act? If not, then put this act in the directors' file, so the HOA can take steps to keep this person off the board.

If you can quantify the damages, the HOA could take this (former) bod member to court. Ways to quantify: The cost of re-constructing the files, if this is possible.

But I am betting that quantifying the damage here, to the courts' standards, is not realistic.

The biggest problem with trying to get a DA to charge the former board member is that the DA's office is so busy that they will not want to prosecute.

You can ask the OP if they think crimes were committed.

Some former directors are just vindictive and want to give the corporation a hard time.

I think the only other "wrong" here might be tortious interference with the operation of a corporation. The destruction of the files would have to adversely affect business relationships the HOA has with other parties.