Adams Stirling PLC
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OWNER CORRESPONDENCE

QUESTION: I sent a letter to a board member questioning a major expense the association is undertaking. When the director tried to include this letter in the minutes, the board refused. Is this proper? I always thought a director could have letters from residents added to the minutes so they're part of the permanent record of the association.

ANSWER: The board's refusal was proper. Neither members nor directors have a right to include their letters in the minutes. The purpose of minutes is to record the official business of the board, not act as an outlet for grievances. If letters were included in the minutes, it could lead to inclusion of correspondence from owners with axes to grind and personal agendas. Potentially inflammatory, inaccurate and defamatory letters would then be published to the membership and included in escrow demands for buyers to read.

In addition, members have an expectation of privacy when they send a letter to the board. Posting all correspondence received by the board would be inappropriate. Accordingly, member correspondence is not subject to inspection by the membership.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC