February 2023

CONFIDENTIALITY... from page 14.

• involving employment, promotion, discipline, or dismiss al of any officer or employee of the association; and • falling within the attorney-client privilege to the extent that confidentiality is required in order for the attorney to exercise their ethical duties. However, we must discuss confidentiality in the context of association board meetings by discussing the recent Radburn regulations. These regulations now require that boards may conduct such closed (executive session) meetings and discuss those subjects listed above. Still, boards may not take any binding votes on those issues at any closed meeting. If any such matter requires a binding vote, it must be taken at a subsequent open meeting “in a manner that does not disclose any confidences.” Please note that this provision could be highly problematic for conducting community association business. As a result, it is recommended that when taking votes on confidential mat ters at open meetings, boards should take extreme caution not to use any language that may disclose any confidential information to the members.

non-owner resident; • Divulge personal information about any association owner, resident, or employee that was obtained in the performance of board duties; or • Reveal to any owner, resident or other third party the dis cussions, decisions, or comments made at any meeting of the board properly closed or held in executive session. In addition to the Model Code discussed above, there is some guidance in both the Condominium Act and the Planned Real Estate Development Full Disclosure Act (PREDFDA). Specifically with respect to association board meetings, both the Condominium Act and PREDFDA provide that associations may exclude or restrict attendance of members at portions of any meeting that discuss any matters: • where disclosure would constitute an unwarranted inva sion of individual privacy. • involving any pending or anticipated litigation or con tract negotiations.

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