privacy act

In our financial reports there are what we call board confidential items such as homeowners who have liens etc. People request a copy of the whole financial report minus those confidential items. To protect the board from liability, is there a privacy act that states they can't have access to the full report? I might be asking it wrong but maybe some of you can help tell some irate members who won't believe us.

Fran,

If a lien has been placed it must be recorded with the Co. Recorder thus making it a public record and no longer confidential information. However, the info on other members who are delinquent but do not have a lien placed against them is considered confidential info by many boards. I know of no confidentiality corporate laws that requires this info to be confidential; however, some state laws do consider it so. The concensus on this forum is that this info should remain confidential. I personally feel that way and one of my main reasons for my feelings is that if an error were made and the member is really not delinquent the BOD could be in for a lawsuit for spreading false info on a member. IMO, the only info the members should be given is the dollar amount of delinquencies and that the collection policy is being strictly enforced. The names of the delinquent members is no one's business!

Fran,

Here is a link to § 14-3-1602. Copies of records; inspection by member

If your Association is incorporated (most are) this would apply.

Tim