SPRING CREEK ASSOCIATIONPolicy No. 07-002MEMBER ACCESS TO INFORMATION1.POLICY STATEMENT:
POLICY STATEMENT:To establish the types of information routinely available to members of Spring Creek Association (SCA) without restriction or condition; the types of information available to members upon purpose stated requests; and the required Member Information Request form.
2.POLICY CONTENT:
POLICY CONTENT:One of the objectives of SCA is to provide the membership with information and data that will (1) keep members advised of SCA's planned activities and general operations and SCA’s annual financial condition, (2) make them knowledgeable of SCA’s directors, officers and employees, (3) inform them and encourage their active support and participation in SCA plans, (4) encourage their full and active participation through attendance and voting at membership meetings and (5) in general, promote a "good neighbor" and "good citizenship" philosophy between and among SCA, its members, the public at large and other related organizations and agencies, including government agencies.
In furtherance of this objective, SCA will make available to its members the requested information and data that is germane to their interests as members, requested for a proper purpose and the revelations of which will not be adverse to the best interests of SCA or its members, in accordance with applicable legal procedures and statutes under the following conditions:
A.Upon oral request and proper identification by the requesting member, routine information and data will be made available, as promptly as reasonably possible, during normal business hours and will include, but not necessarily be limited to, the following:
Upon oral request and proper identification by the requesting member, routine information and data will be made available, as promptly as reasonably possible, during normal business hours and will include, but not necessarily be limited to, the following:(1)SCA’s Articles of Incorporation, By-Laws, and Declaration of Reservations for the member’s tract;
SCA’s Articles of Incorporation, By-Laws, and Declaration of Reservations for the member’s tract;(2)Annual financial reports and auditor report;
Annual financial reports and auditor report; (3)The Minutes of any prior member meetings; and
The Minutes of any prior member meetings; and(4)Any publications SCA may have for general distribution relating to SCA.
Any publications SCA may have for general distribution relating to SCA. B.Subject to subparagraphs C, D and E, upon approval of the Member Information Request on the form attached hereto, stating a proper purpose that is germane to the requesting member's interests as a member, and whereby the member specifies a proper use to which he or she will or may put the information and data, and covenants not to furnish it to non-members or put it to any use other than as stated, non-routine information and data will be made available as promptly as reasonably possible during normal business hours.
Subject to subparagraphs C, D and E, upon approval of the Member Information Request on the form attached hereto, stating a proper purpose that is germane to the requesting member's interests as a member, and whereby the member specifies a proper use to which he or she will or may put the information and data, and covenants not to furnish it to non-members or put it to any use other than as stated, non-routine information and data will be made available as promptly as reasonably possible during normal business hours.C.SCA will not release any information or data in relation to: (1) any threatened or pending law suit against it; (2) any of its officers or employed personnel, except upon appropriate Court Order or upon the advice of counsel approved by the Board of Directors. SCA will not release any information or data (1) that will or may unlawfully invade any person's privacy; (2) that is of a confidential nature, such as an employee's individual employment file or a budgeted but unpublished minimum or maximum for future facilities or contract work that will be negotiated or let to bid; (3) that would violate any confidential agreement with third parties; (4) that if so published might subject SCA to an adverse action, in law or in equity, or by a regulatory agency; (5) that if so published would adversely affect SCA in its negotiations with third parties for any purpose; (6) that if so published would otherwise adversely affect SCA unduly out of proportion to the possible rightful interests of the requesting member; (7) that is prohibited by any tribunal having jurisdiction over the SCA; (8) that would violate the privilege of confidential communication between SCA and its attorney or any other consultant; (9) matters discussed in executive session by the Board of Directors and material distributed at such executive session; and (10) proprietary information, which if released may adversely affect the finances or operations of SCA.
SCA will not release any information or data in relation to: (1) any threatened or pending law suit against it; (2) any of its officers or employed personnel, except upon appropriate Court Order or upon the advice of counsel approved by the Board of Directors. SCA will not release any information or data (1) that will or may unlawfully invade any person's privacy; (2) that is of a confidential nature, such as an employee's individual employment file or a budgeted but unpublished minimum or maximum for future facilities or contract work that will be negotiated or let to bid; (3) that would violate any confidential agreement with third parties; (4) that if so published might subject SCA to an adverse action, in law or in equity, or by a regulatory agency; (5) that if so published would adversely affect SCA in its negotiations with third parties for any purpose; (6) that if so published would otherwise adversely affect SCA unduly out of proportion to the possible rightful interests of the requesting member; (7) that is prohibited by any tribunal having jurisdiction over the SCA; (8) that would violate the privilege of confidential communication between SCA and its attorney or any other consultant; (9) matters discussed in executive session by the Board of Directors and material distributed at such executive session; and (10) proprietary information, which if released may adversely affect the finances or operations of SCA.D.SCA will furnish free of cost copies of the items listed under subparagraphs A.(1) through (4) and any other items covered under subparagraphs A. and B. that in SCA’s sole discretion will entail only minimal copy costs; otherwise, the requesting member shall bear the cost of accumulating and copying the documents requested, which shall be done on SCA’s premises or, if necessary, at some other place with one or more SCA personnel or the SCA attorney retaining custody of the items and being present during their copying. The requesting member shall pay the cost of accumulating and copying, unless SCA, in its sole discretion, deems the cost to be minimal. With respect to all items covered under subparagraphs A. and B., other than those covered under subparagraphs A.(1) through (4), SCA reserves the right, if in its sole determination such is appropriate, to have its attorney or one or more of its personnel present during all times the member is reviewing or copying such items. Any costs associated with such requests must be paid in advance, prior to the information being provided.
SCA will furnish free of cost copies of the items listed under subparagraphs A.(1) through (4) and any other items covered under subparagraphs A. and B. that in SCA’s sole discretion will entail only minimal copy costs; otherwise, the requesting member shall bear the cost of accumulating and copying the documents requested, which shall be done on SCA’s premises or, if necessary, at some other place with one or more SCA personnel or the SCA attorney retaining custody of the items and being present during their copying. The requesting member shall pay the cost of accumulating and copying, unless SCA, in its sole discretion, deems the cost to be minimal. With respect to all items covered under subparagraphs A. and B., other than those covered under subparagraphs A.(1) through (4), SCA reserves the right, if in its sole determination such is appropriate, to have its attorney or one or more of its personnel present during all times the member is reviewing or copying such items. Any costs associated with such requests must be paid in advance, prior to the information being provided.E.Whenever any member requests any item covered by subparagraphs A. and B. other than subparagraphs A.(1) through (4), the member must complete, date and sign a Member Information Request Form.
Whenever any member requests any item covered by subparagraphs A. and B. other than subparagraphs A.(1) through (4), the member must complete, date and sign a Member Information Request Form.The completed Member Information Request Form will be reviewed as soon as possible by the President, who, before acting thereon, will consult with the Board President or Vice President and/or SCA’s attorney. If they conclude (1) that the request is made in good faith, (2) that the information requested and the purpose for which it is requested are materially germane to the requesting person's status and interests as a member of SCA, and (3) that furnishing the requested information will not be detrimental to SCA's best interests, then they will provide for the time and manner for making such information available to the requesting member during normal business hours. If they determine otherwise, the member shall be informed that the information requested will not be provided by SCA. If there is any disagreement as to any of the foregoing three factors, the matter will be referred to the Board of Directors for a decision. In no event will SCA allow a member merely to go on a "fishing expedition" in the hope of discovering information upon which to oppose SCA. Any costs associated with such requests must be paid in advance, prior to the information being provided.
3.RESPONSIBILITY:
RESPONSIBILITY:It will be the responsibility of the President and SCA staff to implement this Policy, in coordination with SCA’s attorney. In no event should "non-routine" information or data be released except upon prior consultation with the President with the agreement of the SCA Board President or Vice President or SCA's attorney. It shall be the responsibility of the Board of Directors to implement this Policy when member information requests are submitted to it for consideration and decision as herein provided.
Passed April 25, 2007SPRING CREEK ASSOCIATIONMember Information Request FormNOTE:No information concerning SCA, its members, personnel, directors, agents, employees or operations shall be made available (except for routine information covered in SCA’s Policy No. ___ subparagraphs A. (1) through (4)) unless the requesting member completely fills out and executes this Member Information Request Form.
No information concerning SCA, its members, personnel, directors, agents, employees or operations shall be made available (except for routine information covered in SCA’s Policy No. ___ subparagraphs A. (1) through (4)) unless the requesting member completely fills out and executes this Member Information Request Form.REQUESTING MEMBER(S)' NAME(S), ADDRESS(ES) AND TELEPHONE NUMBER(S):
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(Attach additional pages, if necessary.)
STATE SPECIFICALLY WHAT INFORMATION IS BEING REQUESTED:
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STATE SPECIFICALLY WHY YOU WANT SUCH INFORMATION AND TO WHAT USE YOU WILL OR MAY PUT IT:
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IF THE REQUEST IS BEING MADE ON YOUR OWN BEHALF PLUS THAT OF OTHERS, PLEASE STATE THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF THE OTHERS. (State only names of persons who have authorized you to request this information on their behalf):
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(Attach additional pages, if necessary.)
IF YOU ARE REPRESENTED BY AN ATTORNEY IN THIS REQUEST, PLEASE STATE SUCH ATTORNEY'S NAME, BUSINESS ADDRESS AND TELEPHONE NUMBER:
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IT IS UNDERSTOOD AND AGREED THAT, BY EXECUTING THIS REQUEST FOR INFORMATION, I AGREE THAT I WILL NOT PUT, OR PERMIT OTHERS TO PUT, SUCH INFORMATION TO A USE OTHER THAN THAT ABOVE STATED. I ALSO AGREE THAT I WILL NOT SELL THE INFORMATION AND THAT I WILL ONLY DUPLICATE THE INFORMATION FOR THE PURPOSES STATED ABOVE. I FURTHER AGREE TO INDEMNIFY AND HOLD SPRING CREEK ASSOCIATION HARMLESS AGAINST ANY AND ALL CLAIMS OR DAMAGES THAT MAY RESULT FROM THE USE OF THIS INFORMATION FOR OTHER THAN THE STATED PURPOSE OR IN VIOLATION OF THE REQUEST. I UNDERSTAND THAT USE OF THE INFORMATION PROVIDED FOR PURPOSES OTHER THAN AS STATED IN THE REQUEST FORM OR USED IN VIOLATION OF FEDERAL, STATE OR LOCAL LAWS COULD CAUSE SPRING CREEK ASSOCIATION TO SEEK LEGAL ACTION AGAINST ME AS THE PERSON WHO REQUESTED AND/OR MISUSED SUCH INFORMATION.
DATE:_____________________, 200______________________________
_________________________Member Signature
* * * * * * * * * * *ACTION TAKEN*DATEBYACTION
BYACTION____________________________Request received
___________________Request received____________________________Member status verified Member#_____
___________________Member status verified Member#_________________________________Denied. No proper purpose. Explain.
___________________Denied. No proper purpose. Explain._______________________________
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____________________________Denied. No such documents or records
___________________Denied. No such documents or records____________________________Reproduction costs $_______________
___________________Reproduction costs $___________________________________________Requester declined to pay costs
___________________Requester declined to pay costs____________________________Documents not provided
___________________Documents not provided____________________________Documents delivered/Payment received
___________________Documents delivered/Payment received*To be completed by SCA only.
