Our HOA board filed a lawsuit against a homeowner in our neighborhood. At the annual meeting when the lawsuit was disclosed, the HOA Board stated they could not discuss the details of the lawsuit with the homeowners at the meeting, because the case was still open and it was not proper to do so. I found out later the lawsuit is public record for anyone to review at the courthouse even though it's still open. Is the board legally not able to answer questions the homeowners have about the lawsuit? Since it's public record, I don't understand why they can't discuss or answer questions about it, Just so long as the information they give is in the court recorded documents. They did not tell the homeowners about the lawsuit until one year after it was filed.
This issue is probably best answered looking at the HOA by-laws and any other documents which govern the HOA. I have not researched this issue, I have worked on other HOA disputes.
I think the Board would need to disclose the existence of the law suit once it was filed. As you point out, the suit is public record at that point. The HOA MIGHT have some duty to the members to let them know how much the suit was costing and whether there would be a need for a special assessment.
ON the other hand, I think the HOA could resist having to disclose details about the tactics or strategies they intend to employ or how well the suit was going in their view to all the homeowners. They MIGHT be able to be compelled to disclose it to a "special committee" of the board or the homeowners if there is a lot of money being spent on it. The Board is my view would not have to disclose things that are clearly subject to the attorney client privileged or work product immunity.
This not meant to be legal advise. It is not possible to know everything about your issue in this forum. You should consult an attorney if you want a full answer to your question. I will not be taking any other action on your issue. I only work with clients when they have signed a client agreement with me and provided me with a retainer.
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