HOA director, friend, neighbor
I am an HOA board director in Arizona. But, I am also a friend and neighbor in my community. Am I allowed to communicate, email, text on my phone, with my neighbors and friends in the community as a friend and not as a director? Of course I would not be discussing private information, disclosing executive meeting information, other homeowner personal information etc. In the past I have started my email by saying something like “Hi Mary, first of all I want to say that I’m emailing you as a friend and neighbor not as a board director”.
I’m asking this now because at a recent board meeting several homeowners showed up very angry over recent violations. They consistently pointed the finger to me mistakenly believing I am the one who is at fault for enforcing all violations because they have seen me taking pictures. 90% of the time I have had complaints from other neighbors regarding something and am providing the information to our management company with pictures, documentation, etc regarding the violation. I have had it explained to me over and over that is a board director it is our duty to enforce our governing documents, which is the only thing I have tried to do, fairly and without discrimination. However there are homeowners that will be very very angry with any violation notice that they get coming even though the first notice is a friendly reminder and no fine is involved. So, after thinking about this brutal meeting, I wanted to email one of my neighbors explaining certain things to her. Again, not disclosing any private information. Can I communicate as a friend and neighbor not a board director?
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CarlaVala,
Absolutely, you are entitled to your freedom of speech the same way anyone else in your community or in this country is. The only thing that you have to be careful about is saying anything that could be considered by the other individual as approval from the board. Any Board member can and is encouraged to speak to all members in the community about any issue especially about community issues. You just have to be careful about how what you say can be interpreted by whomever you are speaking too. There may be people in any community that approaches board members and tries to get them to say something that they will record and then try and use that against you. So please feel free to talk to your community members just be careful about what you say and how you say it. Be very explicit that you are not speaking for the board but only as a fellow homeowner.
At no time can you share any information discussed by the board in executive session that is protected or confidential.
Dennis