Page 7 - CooperatorNews New Jersey Summer 2021

NJ.COOPERATORNEWS.COM
COOPERATORNEWS NEW JERSEY
—SUMMER 2021
7
QUESTIONS & ANSWERS
Legal
Q
A&
Inappropriate Disclosure?
Q
In a board meeting, the owner of
the management company told
the board that I fi red the plumbing
company. Th e owner of the plumbing com-
pany asked for my name and phone number
and the manager gave it to him. Is this legal?
—Disgruntled Director
A
Brian Griffi n of law fi rm
Griffi n Alexander based in
Randolph says: “Th e answer
is that (a) it is possible that the management
company erred in advising the plumbing con-
tractor that one specifi c board member fi red
the plumbing contractor, and (b) whether
the board member’s information should have
been disclosed to the plumbing contractor
depends on the authority granted to the man-
agement company.
“A board member acts on behalf of the
full board when it takes action in the course
of regular operation of the association, and
is authorized by the board to do so. For ex-
ample, hiring or fi ring a contractor requires provide proper notice that the contract with authority of each party to act. Legal counsel
the full approval of the board. Any one par-
ticular board member cannot solely hire/fi re board and management company should communication with the plumbing contrac-
a contractor, unless the board has approved confer as to how it would be handling further tor. Th is will prevent any one board member
the action and allowed that same board mem-
ber to communicate the board’s intent to the
management company and/or the contractor.
“It is unclear from the facts provided board member, then the management com-
whether the board member actually did fi re pany should have informed the board of the
the plumbing contractor, and if so, whether events that have occurred, and obtained full
that action was authorized by the board. board approval on the actions to take going
Without knowing that information, it is im-
possible to state the exact responsibility of the to proceed, the board could consult its legal
parties. Th e management company should counsel. For the management company to
have confi rmed whether the action of fi ring divulge to the plumbing contractor that one decided to fi ne everyone on the street. Prob-
the contractor was properly performed with board member fi red the plumber and the lem is that during that time period, the HOA
the full authority of the board before commu-
nicating with the plumbing contractor.
“If the action was properly approved by
the board, the management company should and the board member whose information this and extort money from owners???
have, at the direction of the board, confi rmed was disclosed, must have agreed that commu-
with the plumbing contractor that the plumb-
ing contractor had been terminated by the dled in this manner, prior to such a disclosure.
full board, as opposed to an individual board
member. It is also proper to involve legal with more details on this matter to determine
counsel at this time, so that legal counsel can the responsibilities of the parties based on the
the plumbing company is terminated. Th e could also step up and deal with the further
communication with the plumbing company.
“If the action was improper such that the ed plumbing company directly, and the asso-
board did not approve the action taken by the ciation would be protected by its legal counsel
forward. If the board was unclear as to how
name and phone number of the board mem-
ber, would then be improper.
“For the disclosure to be proper, the board, our community. How can they falsely claim
nication with the contractor was to be han-
“We recommend consulting legal counsel
from having to communicate with a terminat-
in all communication going forward.”
Garbage Charge
Q
My HOA found garbage dumped
on the front of our street—and
since they didn’t know who did it,
had numerous unsupervised contractors
working with dumpsters all over the place in
—Not Th is Man’s Trash
continued on page 18