Q A member of our board runs to the property manager on a whim and makes him  complete tasks that may or may not be approved by the board. She also knows  every single detail about the homeowners’ financials in terms of how they pay and who actually makes the payments. She  also worked in the office to help out sometimes and I believe this is a  conflict of interest between the board member and the property manager. He  should not tell anyone how someone pays. She's the secretary, not even the  treasurer. Is this legal?  

 —Nosy Note Taker  

A “There are lots of issues here, some legal, some business,” explains attorney Carl H. Lisman of the law firm of Lisman Leckerling, PC, in  Burlington, VT. “First, there’s the issue of legal responsibility. The board should adopt a rule making clear  that the manager is accountable to the board and confirming that the manager  should take directions only from the board or an individual identified by the  board for that purpose (such as the president). This should prevent an owner  from attempting to direct the conduct of the manager; if an owner has an issue  with the way the manager is or is not doing something, that should be addressed  to the board.  

 “Second, there’s the issue of the sharing of information. If the ‘office’ is the association’s office, then the board should make a decision regarding access to information  kept in it, whether in electronic or paper form. I do not believe that best  practices would allow an owner access to financial information unless it is  required by statute (including federal and state financial privacy laws and  rules) or the property’s governing documents. Said differently, unless the association treats the  timing and amounts of payments by owners as generally available to all owners,  then a single owner should not have a special right to that information. If the  ‘office’ is the manager’s office, then the owner should not have access as described.  

 “Third, there’s the issue of whether – even if there’s nothing in law or the governing documents that prevents it – sharing that type of financial information is a good business practice. I do  not believe that it is.”