Disclosing Pending Litigation to Members

Question:

Are boards required to tell members of pending litigation?

– Chandler

 

Answer:

Hi Chandler,

An HOA board may disclose the existence of pending litigation but is not required to disclose the details of the case. In fact, board meetings must be open to all members except for meetings where the board discusses pending litigation with its attorney where the contents would otherwise be governed by the attorney-client privilege. However, anything that is public record may be produced and supplied to members.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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