V.K. from DeKalb County, Georgia writes:
Dear Mister Condo,
Hi, I am a recently elected Board of Directors member in a condo complex. The election was in March, and now, in the middle of July, we are being asked to sign non-disclosure agreements. Do I have to sign? My concern is that the NDA would be used to prevent some of the unsavory Board practices from becoming public. There is nothing in our Bylaws about an NDA.
Mister Condo replies:
V.K., I am unaware of volunteer leaders serving on Boards of Directors being asked or required to sign a non-disclosure agreement (NDA) as a condition for service on the Board. It is implied that all business brought before the Board be treated as confidential. However, I can envision situations where certain associations might find it prudent to remind Board members that they CANNOT disclose the business of the association outside of Board meetings. An NDA would certainly accomplish that. The real question is whether or not the individual Board member, a volunteer leader, is willing to sign an NDA. I think I would consult with a personal attorney (not the association’s attorney) to make sure I wasn’t exposing myself to additional liability by signing the NDA. Good luck!