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BryanG1 (Florida)
Posts: 43
Posted:
Are Management Companies bound to client privilege like attorneys are?

For example, if I sent an email containing private resident information to the Management Company and they in turn forwarded a copy of it to a member of the community without an official request from said member, would they be in violation of any laws?
FrancescaM (Washington)
Posts: 264
Posted:
Quote:
Posted By BryanG1 on 02/18/2009 4:07 PM
Are Management Companies bound to client privilege like attorneys are?

For example, if I sent an email containing private resident information to the Management Company and they in turn forwarded a copy of it to a member of the community without an official request from said member, would they be in violation of any laws?

No.. and this is common practice.

One of our board members emailed our PM on her own.. but was presenting as though she was representing the board... The PM forward the original email.. which was sort of private to everyone.. there is NO client previlege..
BryanG1 (Florida)
Posts: 43
Posted:
This isn't coming from a board member, it's coming from a member of the community.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Brian, your question is really whether the PM should be talking about one member to another member. The answer, is, of course, NO.

Tell the board that the PM is gossiping about members to other members, regardless of the subject matter.

Becasue that's what it is.
BryanG1 (Florida)
Posts: 43
Posted:
The problem is is that this particular person is, from what I understand, calling the PM on an almost daily basis to find out what's going on in the community, and because the PM knows this person and knows that this person knows a lot about the community (since they have lived here for some time) that the PM has been confiding in this person instead of approaching board members.

But I also found out that the PM may also be sending correspondence (emails) between the Board and the management company as well, which is where this question came in.
KirkW1 (Texas)
Posts: 1,665
Posted:
While the communication does not have legal protection, the management company is an agent of the Board and can be fired for mis-handling communications.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bryan,

This is unprofessional behavior on the part of the P.M. and I would certainly inform him/her that it needs to stop. How much is gossip? The snitch is just that, a tattle tale and that is childish.

There is no privledge involved here. The P.M. needs to stop taking those phone calls or I would have their job under question.
RogerB (Colorado)
Posts: 5,067
Posted:
Bryan, I would handle this by investigating the validity of the complaint. If the owner is in violation, first a courtesy would be sent to educate the owner, who often is not aware of the restriction, and request correction. I would not advise them on who made the complaint.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Bryan,

Do PMs have to be licensed in FL? If so, part of the process may include them agreeing to obey certain procedures, such as attorneys are required to follow the CPR (Code of Professional Responsiblity). You might want to check into that angle to see if a similar set of rules exists. If they do, the licensing entity would have enforcement/sanctioning powers.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Bryan,

As Donna says, this is unprofessional behavior on the part of the PM. The board should be taking appropriate action against the PM. As for "attorney-client privilege" it's just that -- between an attorney and his client and will hold up in court. The PM is not an attorney!

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