Supplying Records on Request

We have a policy that if anyone has questions, concerns, complaints; etc.; they have to put it in a letter and send it to the management company. We require that it MUST be signed; no anonymous letters will be considered. The management company copies all the letters to the board members for discussion, yet the board allows the letter writer to remain anonymous when we talk about it. (To save them from possible retaliation.) Now an owner has demanded to see copies of all letters to and from the management company. There goes the "anonymous" part if we allow this to be done, and protection for the letter writer as well. The person who is asking for the records is the very person we need to protect people from; convicted felon, past board prez who stole thousands of dollars from association. We're in Florida so I'm pretty sure we're supposed to comply with her "demands" so what can we do?

Ellen, that IS a thought.....but does the person have the right to see the names, too? I'm stumped on this one.

Couple things:

First, in the US in 2008, you do NOT have the automatic right to confront your accuser. That right does not exist unless the government grants it. You can thank the idiots we sent to Congress who voted to approve the Patriot Act without reading it first for that loss.

Second, that right is for criminal trials, not business contract disputes and internal company dealings. Whether or not a court will apply that "rule of law" is debatable.. they could, or they could not, because this is really an internal contract matter between two parties.

Next, check florida law. THe statute may contain wording on exactly what records must be provided or "open" documents. It may refer to accounting documents only, etc.. Just like in the business world, your "personnel file" must be made available to you, the laws are specific as to what is actually included in that file that you have a right to see. Perhaps the state has such wording to help you out.

Lastly, you can always redact the documents, and black out thouroughly the names on the copies you give the person. Just sign an affadavit that the copies are true copies of the originals, etc., and you should be good.

Glenn, GOOD advise about contacting our lawyer. BAD advise about using a shreader. There are laws and statutes about that. I could end up in jail and my luck I'd share a cell with HER.

Chapter 720 in Florida law defines the records of the association, and that all members have access to such records. Those records include "720.303 (4)(l)  All other written records of the association not specifically included in the foregoing which are related to the operation of the association." Since correspondence from members is part of the official business of the association, that correspondence should be available for all members to inspect and copy.

There is an obvious double standard when letters are required to be signed and then considered in a board meeting as not signed.

A letter to the board isn't really any different from a statement or question at a members' meeting. In a members' meeting, anyone speaking is normally asked to identify himself/herself.

Anonymity for statements and questions often hides the truth. Do you like newspapers to use anonymous sources?

BrianB: Great reply! I respect what you've written here.

Anyone know where Donna is?

Boy, do i ever agree with you there!

You could take all the "real" journalists out there and barely fill a cubicle, i think. Edward R Murrow is spinning in his grave.

Retaliation by whom? How can members retaliate against another member? Why aren't the rights of members to hold different views being respected? Why isn't the board making it clear that actions by members should be professional?

If other members have different views on a subject, they should express those views in the same way they would at a members' meeting — by name.

Is retaliation real or just perceived? Will those retaliating be respected by other members? Your association seems to have deeper problems than just redacting names. Two wrongs don't make a right.

Hi Anna,
Been busy in new home and yard but never too busy to give my 2 cents worth of Florida knowledge.

Whoever above posted that you should black out the names on any requested complaint letter, etc, said it just the way that I would. There is NO place in the Statutes that require you to incriminate or disclose personal names on any communications from the Board and an individual homeowner. Because what this former P.I.A. is looking for could become legal or litigation information. Until it is public record or has been settled between the HOA and the owner, I would not disclose it to her.

AnnaD2

Thanks for the information regarding intimidation within your association. Sorry to hear about your problems. This post is related to the underlying cause for redacting names.

What you appear to have are several adult "playground bullies". I believe any actions to appease the bullies will only embolden them. The bullys' actions are destructive to your association.

I suggest getting some legal advice and discussing the matter with the police. The police likely have experience with adult bullies, and can advise on the best actions to take. In the end it is likely to fall on the members to challenge the bullies through neighborhood watches and publishing the activities. I think that publishing the vandalism is an important part of forcing the bully to be the coward he/she really is. Publishing also advises other members of what is going on. Replace rumor and informal communications with factual communications.

If the vandalism is occurring on common property of the association, install surveillance cameras with a computer recording system for the last several days. Such systems are not that expensive. Add lighting as may be required for the common areas.

So are you saying that the board acts upon the complaint without an investigation? If a person has a complaint they should be able to remain anonymous. Then the PM should go out and investigate before the board meets.

For that matter, our board doesn't deal with the complaint at all unless the PM can not resolve the issue. Normally the PM sends a notice out. Then if the problem isn't corrected then the PM sends another. Then if still uncorrected the board votes for a fine.