Legal Question in Real Estate Law in Washington
Homeowner's letter to condo board--Private?
A homeowner in our condo has written a letter to the president of our board of directors listing several complaints and threatening litigation. He sent copies to each board member, and also emailed a copy to a non-board member owner. He did not request that his letter be kept confidential.
We wish to respond to him-addressing each point--and include both our response and a copy of his letter in our monthly mailing of board minutes which is sent out to all owners with copies of financial reports, committee meeting minutes, etc. Would this be a violation of his ''right to privacy'' or something? Could he sue us (and prevail) for subjecting him to ridicule or something by sending out copies of his letter? He sent out copies to 1/3 of the residents here; our response would hit the remaining 2/3.
Our actual purpose is simply to inform the residents of the complaints made and our responses. Can we release his letter without causing problems?
1 Answer from Attorneys
Re: Homeowner's letter to condo board--Private?
There is no real problem with releasing the letter to the other homeowners. A homeowner's association is just that, an association. As such, each homeonwer has a right to review any and all complaints from other homeowners. I would recommend that you redact the name ansd address of the homeowner making the complaint. This would allow you to publish the letter without disclosing the source of the letter. Alternatively, you could request permission from the complaining homeowner to send the letter to the members. Also, you need to review the declaration and bylaws to see if there is any thing in there that would prevent such disclosure.
Feel free to give me a call if you would like additional information, or want an opinion letter on this matter. Additionally, should the homeowner decide to pursue the matter and sue, I would welcome the oppotunity to provide legal services to your association.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
