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MaryT1
(Georgia)
Posts:7
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| 08/13/2006 8:00 AM |
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| Can the Board request that a member sign a confidentiality agreement to prevent them from disclosing information that bylaws state that Residents are entitled to recieve. Also to prevent discussion of information during Board meetings that per bylaws must all be open meetings. Does the Sunshine act apply to HOA? |
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RogerB
(Colorado)
Posts:3726
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| 08/13/2006 9:24 AM |
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| Mary, a state's Sunshine law allows members to view most HOA records. Meanwhile the HOA can set a policy that while a member has the right to view and receive copies of most HOA documents upon request in writing, they shall be required to sign a confidentiality agreement which restricts them from providing certain specified information to others. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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MaryT1
(Georgia)
Posts:7
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| 08/13/2006 11:33 AM |
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| Recently the 2/2006 Appellate court in New Jersey rule in Twin Rivers issue that confidentiality agreements were not enforceable because they are often too broad. Would this not have a bearing on how HOA's should handle this issue. |
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JosephW
(Michigan)
Posts:788
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| 08/13/2006 1:18 PM |
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This is basically an issue for your attorney and your state laws. I've seen a couple of associations that have tried something similar. When the owner picked up the documents, the cover sheet stated something to the effect that all documents were confidential to the members of the association, with the exception of documents on file with public entities (state corporate annual filings, documents attached to deeds at the county registrar's office, other state, county or municipal filings, etc.) The owner was allowed to share them with professionals retained by the owner (attorney, accountant, engineer) for purposes of obtaining advice regarding them. For any use outside of the association's membership, or the stated exceptions, the owner needed to return for permission (in one case to the board, in another for a vote of the owners). I haven't seen a challenge to them yet, but I'm sure one will come along eventually.
I'd personally prefer to have a written opinion, on file, from the association's attorney, stating the reasons for it and the legal justification. I'm not disagreeing with a board's desire to have it, I happen to think that the association's business is the business of the members, unless illegal, but its an area loaded with legal landmines, so I think I would like to get my rear end covered as much as possible. Without that opinion letter, I wouldn't go there.
Joe |
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Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
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