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Subject:  ex- Board member Personal records
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JkF


Posts:0


08/30/2011 11:02 PM  
When a Board member resigns, if I understand correctly the peronal files that the BOD member has maintained do not need to returned to the HOA, is that correct!
TimB4
(Virginia)

Posts:16416


08/30/2011 11:34 PM  
It depends on what they are.

As an example:

If the ex-board member had communicated with other members in the capacity as a board member those should be part of the Association record.

If the records are copies of items that were handed out at open board meetings, then those wouldn't need to be returned as the Association already has copies.

If the records are communications between Association legal adviser and the ex-board member, they should be part of the Association record.

Work product for a report that was already submitted to the Board wouldn't have to be returned. However, if the report wasn't made then the information should be returned for the next person to finish.

Basically if it's a copy of something the Association already has there is no need to return it.

If you care to share, what are the specific records as this may provide better advice?

Hope this helps,

Tim
TimB4
(Virginia)

Posts:16416


08/30/2011 11:34 PM  
It depends on what they are.

As an example:

If the ex-board member had communicated with other members in the capacity as a board member those should be part of the Association record.

If the records are copies of items that were handed out at open board meetings, then those wouldn't need to be returned as the Association already has copies.

If the records are communications between Association legal adviser and the ex-board member, they should be part of the Association record.

Work product for a report that was already submitted to the Board wouldn't have to be returned. However, if the report wasn't made then the information should be returned for the next person to finish.

Basically if it's a copy of something the Association already has there is no need to return it.

If you care to share, what are the specific records as this may provide better advice?

Hope this helps,

Tim
LawrenceC1
(Georgia)

Posts:480


08/31/2011 12:54 PM  
As Tim points out, there are some things that ought to be part of the Corporate record and passed on to the next board, and some things that don't matter.

Each HOA should adopt a written document retention policy, listing in detail those things that are part of the Corporate record, and where they will be kept. Such things as official correspondence, bids received from contractors, and minutes of meetings are examples of things that would be included. Notes, spreadsheets, and photographs from social events are some of the things that most likely would not.
KellyM3
(North Carolina)

Posts:1418


08/31/2011 7:10 PM  
I like Lawrence's perspective. Little emails and notes would swamp a property manager's files. Contracts and meeting minutes and official records matter, but every board member should have a copy of those.

KellyM3
(North Carolina)

Posts:1418


08/31/2011 7:10 PM  
I like Lawrence's perspective. Little emails and notes would swamp a property manager's files. Contracts and meeting minutes and official records matter, but every board member should have a copy of those.

MelissaP1
(Alabama)

Posts:8413


08/31/2011 10:55 PM  
My situation with my HOA when I left is that during my term our secretary sold her home and moved away. Our rules state the President can NOT act as secretary. The secretary's responsibility was to take meeting notes. Since we couldn't replace the Secretary until the next election, I took my own personal notes from the meetings. When I turned over our records I removed ALL my meeting notes as they would not be considered official. That protected me and the HOA in the future.

I think records of responses to other board members are essential to keep. A one-sided conversation doesn't do much. It's important to keep a history for future use if possible.

Former HOA President
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