DISPOSAL OF RECORDS

Whenever the association disposes of records in accordance with its records retention policy, it must take care to ensure that the records are completely destroyed, preferably by shredding or incineration. Simply throwing them into the trash can result in potential liability for the association if confidential records end up in the wrong hands. The association should consider hiring a company that specializes in the disposal of documents.

Records should not be destroyed if the association has notice of or reasonably believes it will be involved in a lawsuit. If the association receives notice of a lawsuit, disposal of records should be put on hold until the litigation has been resolved.

Boards should check with legal counsel and the association's CPA to make sure none of the records scheduled for disposal should be preserved.

Updated 6/29/2008