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September 16, 2005
What To Put Up On the Web - Associations, Be Careful!
Recently, a manager I work with on many associations asked me: "Do you suggest password protecting the proprietary info: i.e. governing documents, minutes newsletter,etc. Some of my boards have it all open and others restrict the newsletters, minutes, etc. Thoughts?"
This is my answer to that question (remember, talking as a California lawyer but I believe this could apply to any state): Things like governing documents that are recorded with the state (CC&Rs and Articles of Incorporation in California) are already in the public domain and so I do not have a problem with not protecting them. Even publishing the Bylaws is probably not a problem because they tend to be pretty standard, except in cases where they were drafted by a board member or someone who did not know what they were doing, because in that case, publishing them for the world to see might create quite a sorry impression of the Association's professionalism (or lack thereof).
But as to other documents of the Association, it is my view that minutes, newsletters and financial papers, etc. that are not already in the public domain should be protected, and use of a password is helpful. The public is not entitled to know the private business of an association.
Posted by Beth Grimm at September 16, 2005 1:06 PM