Inspection Rights. Members do not have a right to inspect and copy letters 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 labeled “confidential ” to the board and "do not share with the management company, " the board can evaluate the contents and decide whether they should be shared with management. When carrying out their duties, directors must balance the community's general welfare against the individual's interests. (Cohen v. Kite Hill.) That might mean disclosing the information. If the person's letter alleges management company misconduct, the board is obligated 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 is difficult for boards to evaluate claims. Even loose cannons occasionally hit a target. Boards need to review each letter to see if any substance is buried in all the craziness. If it's nothing more than an obsession with an 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 community association issues, subscribe to the Davis-Stirling Newsletter.