QUESTION
Do I have the legal right to discuss what was said in an HOA board meeting?
Asked on Mar 26th, 2013 on Corporate Law - California
More details to this question:
I've been asked for details of a board meeting in my HOA, by the people concerned. The neighborhood has started a petition against them for having a vacation rental. Am I breaking any laws by discussing what was said in the board meeting? May I tell my neighbors what actions are being discussed at the board meeting against them? I am a board member. Is there any difference between what can be disclosed from the part of the board meeting that is open vs the executive part? The neighbors were not invited to attend the executive part of the meeting, so they are unaware.
1 ANSWER
Anything that was discussed in Executive Session by the Directors alone is confidential and must be kept secret, unless someone was specifically instructed to tell someone outside the meeting about it. As a Director, you are a fiduciary for the corporation and your fellow Directors. Unless the Directors are conspiring to do something illegal or contrary to the best interests of the Corporation or all of itsmember, you are prohibited from revealing such secrets.
Anything that was discussed in an open meeting of the Directors with other homeowners present, you can discuss with anyone, including the owners who are renting.
Dana Sack
510-286-2200
Answered on Mar 26th, 2013 at 3:13 PM