Inspection Rights. Members do not have a right to inspect and copy letter by other members to the board and by the board to individual members. Such correspondence is confidential.
Letters with "Confidential" Information. If a resident sends letters to the board labeled “confidential ” and "do not share with the management company, the board can evaluate the contents and decide whether it needs to be shared with management. When carrying out their duties, directors must balance the general welfare of the community against the interests of the individual. (Cohen v. Kite Hill.) That might mean disclosing the information. If the person's letter alleges misconduct by the management company, the board has an obligation to investigate the claims. The investigation may involve talking to the management company about the allegations.
Problem Owner. If the person is a known problem owner, it makes it difficult for boards to evaluate claims. Even loose cannons occasionally hit a target. Boards need to review each letter to see if there is any substance buried in all the craziness. If it's nothing more than an obsession with a particular issue that has already been investigated but gets repeated endlessly, a letter from the association's legal counsel to the overwrought owner may be warranted.
Recommendation: The owner should be told (in writing) that the board will not keep letters confidential if the directors feel the information and its source should be disclosed.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.