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LindaM5 (Texas)
Posts: 32
Posted:
I am the secretary of our BOD. I am "charged" with all communications of our BOD and to all owners. I am concerned that our president is divulging/leaking EVERYTHING that the BOD discusses (either in meeting or via email) with another owner - who was booted from the Board (he is a rude,rogue idiot!).

We have quarterly board meetings, but most of our important discussions/decisions are conducted via email - because most BOD members do not live on property. I am confident that all BOD meeting minutes and email communications are "forwarded" to this once on the board owner by our president. Our president is conducting himself out of "pity and guilt" that the previous member is no longer on the board, and "has the right" to still be informed of everything we do/say/decide > (they are neighbors and friends). I totally disagree with this practice of "breaching our BOD confidentiality" and I want it halted.

Any suggestions on how I proceed to mute and muzzle our president??? I have started by putting "Executive Session Communication - Not To Be Forwarded To Other Owners" on all email - but I'm not sure that is effective.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
LindaM5: Not certain the quoted phase you want to include in your emails will
actually accomplish what you hope to. I, personally, would not include "Not to be Forwarded to other Owners". I'm taking a stab at treating it a little differently.

Include a paragraph at the bottom of YOUR correspondence between Board members (email, notes, etc.) with verbiage such as: The information contained herein is CONFIDENTIAL. It is for the express purpose and use of the xxxxx Community Association Executive Board Members ONLY, and is NOT for anyone's view outside of the aforementioned Executive Board., etc. etc.

Further, you might type it up as a "Draft" and submit as an agenda topic at the next Board meeting to be discussed among B-members only. You might begin by stating your Secy. role demands you be privy to certain Private & Confidential information which is for Exec. Board members "EYES ONLY", and that you want assurance that the info is and will be treated appropriately.

After discussion, you could also ask for a verbal agreement from the rest of the Board that you are all of the same mindset in treating confidential information confidentially.

RogerB (Colorado)
Posts: 5,067
Posted:
Linda, what is being communicated that is priviledged information? If it relates to an item which must be discussed in an executive session of a Board meeting that is probably priviledged info. E-mails are not. You can try to pass a motion on what may not be discussed with members of your association. I think there would need to be a very good reason or I would vote against most secrecy.
LindaM5 (Texas)
Posts: 32
Posted:
Thanks Paul and Roger...you two are incredible assets on this website!

When I say "everthing" that the BOD discusses gets forwarded to this former board member...I mean everything. Collections; deliquencies; warning and fine letters; issues about problem owners/tenants; budgetary issues/decisions; legal issues; - no subject/topic has had immunity.

I realize that owners have the "right" to know what's going on with this property, and how the money is spent (they can acquire budget status at anytime). It's not that the BOD is meeting in "a secret dark place" or has anything to hide, I am just "uncomfortable" with this one clown being in the full communication link...no other owner is.

Does that make sense...or should I just stop worrying and emailing; and conduct our BOD business in formal meetings only?

Thanks Guys!!
BrianB (California)
Posts: 2,820
Posted:
what you have is a poor habit: owners probably have a right to know most of what the president is sharing via email, however, they aren't being given that information, only one person is. the board (person) needs to stop extending a special courtesy to ONE owner that they don't extend to all. either the person should copy all owners on the emails, or you should let all owners know that they can be copied on all emails with a simple request, etc..

You are correct. it isn't quite right that it's being done this way, and the board should establish a policy about it, soon. Either shut it down, via policy, or open it up to all, via policy.
SusanW1 (Michigan)
Posts: 5,202
Posted:
To be in Executive Session requires a vote of the Board and a reason for going into the Session. Any discussion that takes place there is secrecy bound to all attendees. The RESULTS may be revealed, soon or later, but the discussions are private.

Re: your email discussions. If your board is having those kind of discussions you describe, that is coming real close to conducting a "meeting" on-line. Your bylaws will have to give permission to conduct meetings on-line.

Actually, only reports and minutes should be emailed before the meeting.

Any discussion on association business needs to be done at a propertly called meeting.
RobertG (Arizona)
Posts: 505
Posted:
Just be sure you read what RogerB said. Any and all email sent is deemed public information. No matter what you say in the email, it doesn't make any difference, it is public. You can't put a disclaimer in it and expect it to not be public. If a homeowner wants to find out what is in an email, he has a legal right to find out.

In your case the real issue is what is being discussed, not the use of email.
LindaM5 (Texas)
Posts: 32
Posted:
Just to clarify: when I email "something" to the BOD, it is regarding a subject/matter that requires our immediate attention/decision. A situation has or is occurring on property or with budget, that can't wait until our next formal meeting.

So yes, most of the emails seek a "vote" from each BOD member. Email is quick and pending issues are immediately resolved. That seems to appease the masses, and the process works - except for the content confidentiality aspect.

Again, only 2 of the 5 board members live on property, the rest live in other cities - so it's very difficult to gather them all into one spot instantly for an in person/on site meeting, to resolve most of these issues. The President and I are the only property residents. The balance of (off site) property owners are really not involved..seldom attend meetings, and leave everything in the BOD hands.

This booted board owner only communicates with and gets along with our President. His annoying, rasping personality (complains about everything) has alienated all other owners, and no one else speaks to him. Our President "feels sorry for him" - and is showing favortism.

I guess I need to start limiting my emails (change the "habit"), and use the phone or call for formal meetings.
AnnaD2 (Florida)
Posts: 960
Posted:
Linda, I've been reading everything here and it concerns me because we Board Members communicate via e-mail, too. The membership elected us to run the association so they don't have to, and keeping things going smoothly DOES take daily communications at times. Not to discuss major issues that need to be discussed at a meeting. But follow up items for things that were approved at a meeting.

Playing telephone tag is too time consuming and bothersome for a lot of people. I for one prefer to have everything in writing (i.e. e-mails) so I can refer back to them if I forget something. If you're afraid that your e-mails are being "forwarded" make them very boring, with no "personal" feelings or rantings about things.

I will tell you something interesting that our attorney told us (the Board of Directors) Quotation from a meeting with him: "The Board of Directors should not be contacting owners on an individual basis with answers to questions, nor to explain the actions of the Board. I caution the Board that in doing so, could be in violation of the Statutes of duly posting agendas and meeting notices, as individual owners should have no more notice than the entire membership."

Not sure what the statutes say where you are but in my humble opinion she IS in violation by giving information where other members are excluded from that information. Hope this may help you out.

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