“The Constant Call for Transparency — What is Proper Transparency?,” AssociationHelpNow

“The Constant Call for Transparency — What is Proper Transparency?,” AssociationHelpNow

Serving on the board of any community association is not for the faint of heart. One of the trickiest challenges is to support a transparent decision-making process while simultaneously maintaining strict confidentiality.

“Successful boards, in my opinion, don’t keep anything a secret unless they have to,” Becker Senior Attorney David L. Dockery tells Association Help Now. “I think a properly functioning board should be as transparent as possible.” But, he continues, unit owners do not have the right to see contracts before they are decided upon by the board, and many discussions are required to be held behind closed doors for legal reasons.

Dockery provides some insight into how a board may be required to address requests:

  • to view financial records, ligation-related items, employment contract items, or any information that cannot legally be disclosed,
  • to discuss employee discipline or any information that will affect competitive bidding in contract negotiations, or
  • to decide the priority of projects in a community or the contractor hired to perform said projects.

He also points out that bylaw requirements may provide additional guidance on some situations, and owners do have recourse if they feel access is being unfairly denied.

Read the full article here.