Top 5 Takeaways of
The Board Member Liability Seminar
1. One-Party Consent: Did you know that in Texas you can record your phone conversation with someone without their knowledge? According to Texas Penal Code 16.02, it is a crime to intercept or record any wire, oral or electronic communication without the consent of at least one party. However, you (the recorder) count as “one” party and thus by default can be considered the “one” consent needed to record the phone call.
2. Privileged vs. Confidential: Privileged information typically refers to a right, while confidential information typically refers to a duty. For example the attorney-client privilege is the right to keep confidential conversations private between an attorney and their client.
3. Social Media Procedures: it is always advised to be cautious when posting anything to social media. Whether a friendly reminder, a personal opinion or a response to another person’s post, never publish confidential information such as violation reports or delinquencies. All answers and posts should be factually based and should suggest an offline discussion with the management team member to discuss private matters.
Policies should clearly outline who is responsible for posting and responding to a board-endorsed social media page. For more information about how to develop social media policies for your community, please click here.
4. Defamation, Libel & Slander: Defamation consists of false information leading to damage of a person’s reputation. Libel & slander are both types of defamation. Libel pertains to defamatory statements in writing while slander pertains to defamatory statements that are spoken orally.
5. Subpoenas: If and when you receive a subpoena, it’s compliance may not be mandatory. It’s recommended that you speak with your attorney before responding to any legal demands to determine the proper course of action.
This article is a general summary of the information shared at the Mastermind Seminars on Board Member Liability in February and March of 2018 and should in no way replace advice of legal counsel. If you have further questions about any of the topics above, please contact your attorney for clarification.