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HOA Board E-mail: Know Your Legal Risks and Obligations
E-mail retention policies made the news this week, as Sarah Palin and her gubanatorial staff came under fire for allegedly using personal e-mail accounts for official state business. This week's tip is to make sure your entire HOA board understands how to handle e-mails that relate to homeowner association business. For example, which e-mails to or from your fellow HOA board members must you preserve? Answer: all of them. Or at least, all e-mails where you are communicating in your capacity as board members. If you're talking about getting together to watch football on Sunday, you're probably safe deleting the e-mail, just like you delete those bad chain-email jokes from your cousin. But if you mention any kind of board business, your e-mails are official association communications and must be preserved. Not only that, but those e-mails are discoverable in court, should a lawsuit come up. The legal issues pertaining to board e-mail don't end there, of course. For example, when does an e-mail conversation among board members become an official homeowners association board meeting? Under what circumstances might you be operating under a false sense of security, thinking that attorney-client privelege makes your e-mail confidential when really it doesn't? We covered all of these legal compliance issues, plus some best practices in a recently posted article. Read the article now. Best regards, Matt Humphrey President
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