Question:
Our HOA board allows the wife of the treasurer (non elected) to assist with treasury duties. Recently, our family was late on our dues. Presumably, she is now privy to sensitive personal information. Does this violate Fiduciary Duties?
Our board also was allows a board member and her husband to share an email address. Allowing him access to board correspondence. Is the a breach of privacy?
Thank you in advance.
– Chris
Answer:
Hi Chris,
Allowing non-elected individuals, such as a treasurer’s spouse or a board member’s husband, to access sensitive financial or internal board information without formal authorization may violate fiduciary duties. There are serious legal and ethical concerns surrounding the situation of allowing the treasurer’s wife (non-elected or non-appointed) to assist with treasurer duties, which would make her privy to confidential information. Similarly, allowing a board member to share a personal email account with her spouse for board communications is problematic.
You should request that the board adopt or enforce a formal confidentiality policy, restrict access to sensitive data, and require that all board communications occur through secure, individual email accounts. If the board refuses, concerned members may petition for a meeting, request a policy review, or consult legal counsel for possible remedies.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
