Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board
Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to - NEXTDOOR - ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) - OFFICIAL CASCADES OF GROVELAND RESIDENTS GROUP - MYTRILOGYLIFE.COM - IS THIS LEGAL ??
A: Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality policy, and if no general policy, whether the particular matter was specified to be confidential. Regardless of whether it's required to be kept confidential, if a disclosure (without board consent) causes any kind of damage to the corporation, there would likely be avenues for legal relief, starting with petitioning for injunctive relief (order to cease & desist), and the corporation could try having an attorney send a cease & desist letter. Also review the incorporating documents (articles of incorporation and bylaws) for grounds to remove current board members. I hope a lawyer with expertise in your issue chimes in on this one, but regardless, it'd be best to schedule a consultation with a lawyer in your area handling corporation formation and litigation issues to solve both the issue of problems that already occurred and the issue of preventing problems from occurring in the future.
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