Release of Homeowners’s name after settlement of a dispute
Can an HOA disclose the name and address of a homeowner after a legal dispute is settled. A Homeowner asked the HOA president in an open meeting what they spent $7,000 in legal fees for, is the HOA required to disclose the name or address of homeowner that they had a dispute with?
Thank you
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Daniel,
Your questions has two parts can a board disclose identify information relative to litigation, and is the associations required to disclose that information. The later is easier the association is never required to disclose information about litigation at any time. The first question is much more complicated. While the case is active anything about that case is confidential and cannot be disclosed. Once the litigation is settled either party is free to disclose any information about the case if they desire unless the details of the case are sealed by the court.
What is relevant to anyone in the community is not who brought the case but what was the case about and who prevailed in court. Homeowners have to understand that homeowners are the only people under the law who can take actions to enforce the law or the governing documents and the only tools available for homeowners to enforce the laws are the courts or the ADRE dispute resolution process. Please don’t shoot the messenger for trying to enforce the law. Associatiosn will always give you the same response so and so files a baseless claim against the associations that caused us to spend money to defend ourselves. Please understand that board ct based on what their attorneys tell them and attorneys tell the. What they want to her because they know that if challenged they will make a lot of money right or wrong win or lose and that most homeowners will not risk their money to sue the association.
Dennis
Dennis