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Condo association email creates problems for members and management


Question:

condo association boardSometime in May 2010, I received a defamatory email that a condo association board member forwarded from the owner of our former management company in January 2009 (but copied to him and other Board members). The email was addressed to me and was presumptively confidential. Ironically, the email was also forwarded to the owner of our current management company. The email is highly insulting. In my opinion, the offending Board member sent the email during a period in which I was experiencing difficulty with the property management's level and quality of service. I believe the intent in forwarding the offensive email was to damage my reputation and to tar me as a 'troublemaker.'

I have requested an executive session at the next condo board meeting during which I might lay this issue before the Board (the offending sender and receiver would be present). The owner of the management company just apprised me in writing that my complaint does not merit an executive session under the Davis-Stirling Act (CA). The most I could do is 'vent' during the homeowners forum, with no guarantee that the Board could or would act on my grievance. While the law may be on management's side, I am incensed that both players in this 'defamation by publication' scheme are in a position to stonewall my grievance.

Is anyone aware of CC&Rs or by-laws that would prohibit a Board member from disseminating confidential information to a third party? The email was sent to me by an officer of a condo management company, copied to a Board member in his official and fiduciary capacity and forwarded to an officer of another condo management company, hardly casual correspondence that could be written off as merely 'blowing off steam!'

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Answers (36)

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