Many associations rely on HOA email as an official, effective form of communication, but unchecked control can lead to risky errors. Even the smallest lapses in judgment can quickly snowball into a bigger issue, embroiling the HOA in a legal battle. The best way to avoid these mistakes is to understand them first.
How HOA Email Mistakes Can Create Legal Problems
Email is an efficient way to communicate. Many HOAs and condo associations use it. Yet, mistakes can increase legal exposure for the community and its board.
Emails typically become part of the association’s official records. As a result, they may be subject to state laws and the governing documents. Record inspection requirements may also apply. For instance, in DC, Section 42–1903.14 of the Condominium Act gives unit owners the right to inspect and copy certain association records.
Improper email practices can create liability. Common examples include disclosing confidential information, using personal emails to discuss association business, and using threatening language in responses. A strong HOA email policy can address these issues and protect the association.
What are the Common Mistakes to Avoid When Using HOA Email?
Common HOA email mistakes include using email to make decisions outside a board meeting, discussing HOA business in private email threads, writing something that could be used against the HOA, sharing confidential or private information, making promises the board can’t keep, sending HOA records to the wrong people, deleting emails to avoid creating a record, using personal email accounts for HOA business, sending violation or collection notices without following required procedures, discussing legal matters without the association’s attorney, and sending angry or emotional replies.
Let’s discuss these below.
1. Using Email to Make Decisions Outside a Board Meeting
Some boards use HOA email communication to conduct official business, but this can be problematic if done without authorization. In DC, Section 42–1903.03 permits telephone, video conference, and similar electronic methods for board and membership meetings. The statute further clarifies that the system used must allow attendees to hear and be heard by all other participants. This means email doesn’t qualify as an approved electronic means.
2. Discussing HOA Business in Private Email Threads
Board members can certainly communicate through email threads, but long chains can effectively become private discussions. These discussions may violate open meeting requirements under state laws or the governing documents. To avoid this, boards should limit email to administrative matters.
3. Writing Something That Could Be Used Against the HOA
Board members should avoid emotional, threatening, insulting, or speculative language in emails. These can easily be used against the HOA and create liability concerns. Vendors, homeowners, employees, and even directors themselves may forward, print, or use these emails as evidence in litigation.
4. Sharing Confidential or Private Information
Board members must never disclose confidential information unless a court legally orders them to. These include payment records, homeowner information, contact details, account balances, complaints, and violations. For sensitive communications, use more appropriate channels.
5. Making Promises the Board Can’t Keep
Board members must never promise anything via email, especially if they can’t follow through. Examples include promising to approve an ARC request before reviewing it, waiving a fee without investigation, or guaranteeing a particular outcome. Directors must always work within the bounds of their authority.
6. Sending HOA Records to the Wrong People
It is easy to accidentally click “Reply All” and send private records or information to unauthorized people. This, along with typing incorrect recipients or forwarding internal communications, is a common mistake.
HOA email rules should require board members to double-check recipients and attachments before pressing send. It also helps to pre-approve an HOA email list to keep communications in the right circle.
7. Deleting Emails to Avoid Creating a Record
Deliberately deleting emails because they may be relevant to a dispute or request is never a good idea. In fact, it can create additional problems for the association. Instead, HOA email management should follow a clear retention policy in accordance with state laws and the governing documents.
8. Using Personal Email Accounts for HOA Business
Board members should have a separate email account for association-related matters. They must never use their personal email addresses to conduct HOA business or make HOA transactions. When a director resigns or ends their term, the association must also revoke access to the professional email account.
9. Discussing Legal Matters Without the Association’s Attorney
Legal issues involving the association or its board members must always involve the HOA attorney. Discussing pending disputes or seeking legal advice in a broad email chain can create liability risks. Plus, simply copying an attorney on an email doesn’t automatically make the entire discussion subject to attorney-client privilege. For legal communications, board members must follow their attorney’s guidance.
10. Sending Angry or Emotional Replies
Frustration with a homeowner, vendor, or employee may cause a board member to lose control and use aggressive language in an email. This is unprofessional and can expose the association to legal problems.
When sending an email, directors must always maintain a calm and professional tone. A derogatory, condescending, or hostile tone can escalate a dispute quickly. A single board member’s emotional response can reflect poorly on the entire board. To avoid this, wait a while to calm down before responding to a heated thread.
What Should HOA Board Members Never Put in an Email?
When emailing, board members must never include personal attacks or insults, speculative language, unverified accusations, confidential information, unauthorized promises, or comments about pending legal issues without legal counsel’s approval.
These may seem inconsequential at first, and some directors might mention them offhand in a reply. That said, even the simplest of mistakes can trigger a domino effect, resulting in litigation for the association. To avoid this, associations must abide by a strict policy outlining proper and improper email behavior.
The Best Way Forward
Navigating HOA email practices can be tricky, especially for a self-managed board with informal guidelines. Hiring an HOA management company can help standardize procedures and protect the association from potential liability.
TNWLC offers HOA management services to communities in Washington, DC. Call us today at (202) 483-8282 or contact us online to start your journey!
RELATED ARTICLES:
- Are HOAs Legal Or Just Overreaching? The Truth Behind HOA Authority
- How To Deal With Conflict Between HOA Board Members?
- What Is HOA Due Process In DC? Steps To Follow For The Board
