Real Estate Law
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Is there anything in the Bylaws of the Association that states that customer accounts are confidential?
What was leaked...the fact that you were delinquent on your dues?
Ok, I am not sure what the fact that it is a gated community has to do with the situation..
If there is a Bylaw that you can identify that states that all owner information is to be kept confidential, then you would have grounds to sue the person who published your personal financial information for violation of your privacy rights as well as breach of contract because the Board owes a legal duty to the owners to comply with the Bylaws that govern the Association.
But as for a fiduciary duty, there is none because a Board member doesn't have the same relationship with an owner that an attorney does with a client or a doctor with a patient so that anything that is relayed to them is confidential and they owe a duty to owner over their own interests... There is just a contractual duty imposed by the Bylaws and CCRs that both parties are bound by.
And no, whether the Board member violated a duty of confidentiality or not, this is a purely civil matter as no criminal laws have been broken here.
The problem here is that if you can't identify who leaked the info, you may have a hard time in holding that person liable as the Board could always claim that it is possible that another owner obtained it and leaked it. But if you can prove that the Board was the only entity that had access to that information, you could claim that they were negligent in allowing it to be leaked in violation of the Bylaw that states that all owner financial information is to be kept confidential.