Two questions
Two questions…..
1. When a homeowner asks to see invoices and/or documents or ask questions addressed to the Community Manager a specific disclosure is attached to the response received from management………
Please note all Board members have been blind copied on this email to avoid violating A.R.S. 33-1804 E4 (Open Meeting Law)
Why would management include this disclosure on the email response? What does the open meeting law have to do with the right of a homeowner to ask a question, and/or request and review HOA documents?
2. Is it proper for a former Board Member to disclose, on a public forum, that a homeowner sent emails to the community manager which this former Board Member indicated were condascending and then went on to disclose the homeowner asked the community manager to send HOA documents?
I don’t think a former Board Member is permitted to disclose homeowners communications or requests for documents. This may constitute a violation of a homeowners privacy rights. A homeowner can disclose requests and docs they’ve asked for on a public forum but this former Board Member thinks that if a homeowner states they asked for these things on an open platform it gives the Board Member a green light to talk about the homeowners requests or communications with management in a derogatory manner. Is it proper for a former Board Member to disclose this information, without the homeowners permission on a public forum? Board Members behaving this way undermine homeowners trust in the Board when they think it’s acceptable to get on a public forum and air their displeasure with a homeowner and characterize a homeowners communications with management in a derogatory manner. Homeowners have a right to expect emails and requests are private and not to be shared by a former Board Member on a public forum.
Would appreciate to hear your thoughts on these issues.
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Kathy,
Once I think I’ve heard everything about these communities, I find a story from a homeowner like you that defies that assumption. This is the most ridiculous thing I’ve ever heard. Every homeowner is entitled by law to a reasonable request to see any non-confidential record of the association. All means all; it does not mean some or only those that the association wants to provide access to.
While that duty belongs to the association, the managing agent is assigned the responsibility by the board to satisfy that requirement, and the association, not the community manager, is liable for the actions of the manager in violation of the law. Nothing prevents an association from requiring that the managing agent CC and respond to any records request, so that the association can verify that the agent is complying with the law. But nothing in the law requires that any records request be provided to the board.
Any such communication is at the discretion of the board but has absolutely nothing to do with the open meeting laws. In fact, if any board member responds to the rest of the board based on that communication, it would, in fact, violate the open meeting laws for these communities. There are no relevant open meeting laws governing communications between homeowners and either the community manager or individual board members. The open meeting laws pertain to the actions and interactions between a quorum of the board of directors, select committees, or the unit owners as a whole, primarily focusing on the board of directors. Any communication or discussion of association issues between a quorum of the board constitutes a meeting defined in law, and as such, if not noticed and allowed to have any other member of the association participate in that discussion or communication would violate the law.
While I cannot deduce who originated this stupid disclaimer, whoever did has never bothered actually to read or understand the law as written, and should go back to grade 5 remedial reading courses.
The fact that any homeowner requests to review community documents is not protected as private, but those requests are a right guaranteed under the law. The board has a duty to the unit owners to act in good faith and to treat all homeowners fairly. For any board member to try to intimidate or harass any homeowner for the exercise of their rights under the law is nothing but harassment and a direct violation of their duty to the community as a board member.
Having said all of that, I do want to clearly state that the right of homeowners to records access has to be reasonable. I’ve seen so many cases where homeowners ask to see the world on a general fishing expedition or simply for the purpose of abusing the community manager. The association has the right to refuse requests for records that are unreasonable, overly burdensome, or clearly not made in good faith. The association can refuse the records request, and the courts will uphold that refusal. Still, the association and any individual board member have no right to broadcast that, even simply for the purpose of defaming the homeowner. They could be held liable for defamation based on their statement of fact or presumptions.
Dennis
I found this email from the community manager for the reason she includes the Board on emails. I believe her reasoning is a violation of the open meeting law if they are discussing and providing a response. Here is the explanation:
Thank you for reaching out with your concerns and questions. I would like to clarify why I often check with the Board of Directors before providing a response.
As the community manager, I work under the direction of the Board. My role is to carry out their decisions and guidance on behalf of the association. For that reason, whenever I answer a question or provide information, I first make sure that the Board is aligned and aware. In some cases, the Board may even provide the answer directly, and I communicate it to homeowners on their behalf.
Please also understand that as Board members change and as the needs of homeowners evolve, the direction of the Board may change as well. My responsibility is to follow that direction to ensure consistency and accuracy in the information shared with the community.
Kathy,
This is actually a correct and accurate explanation from a community manager of their role in the community. While I’m sure that many community managers may share this understanding, unfortunately, what I’m used to is hearing a totally different response from community managers. What this community manager is doing is precisely what he or she is supposed to do and does not in any way contradict or violate the open meeting laws of this state.
Dennis