Question:
Our annual HOA meeting came about and one of the board members was trying to get elected to the board again. They got the list of emails for all the owners then emailed them personally about his campaign to get re-elected. After the votes were in this person was elected and the property manager was informed of the situation there was nothing that was done. Was this a misuse of owner’s information for personal use? What can be done?
– Clint
Answer:
Hi Clint,
It depends on your governing documents. Your bylaws and CC&Rs should indicate what campaign practices are allowed in your HOA. Additionally, if this person was given the ability to distribute their campaign resources to owners via email, the same opportunity should have been made available to other candidates as well. If the opportunity was denied to other candidates, then there is a clear issue with access and fairness. For further guidance, it is best to consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
