Privacy Violation
Recently the Condo Board president violated my privacy by telling one of my neighbors that I had come before the board for an appeal. How do you recommend I handle a complaint?
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George,
Was the appeal heard in open or closed session? If it were in an open session, that is public information. If the hearing was held in closed session and the board member shared information from a closed board meeting with an individual not involved in the issue, that was a clear breach of duty and that board member could be sued for breach of duty, and depending on what the issues are and the significance of the issue, could also be sued for defamation. Lawsuits never help homeowners, and you are essentially suing yourself because the board is indemnified for any routine performance of their duties. Breach of duty, however, is not protected by that indemnification or from the association’s D&O insurance.
As what you can do not depend on what was shared and how it impacted you, and what you are willing to risk to file suit against the director. The ADRE dispute resolution process cannot be used for such an issue, only Superior Court.
Dennis