Association financial records request.

Started by TaraR • 8 replies • 2572 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TaraR (Arizona)
Posts: 24

Posted:

On December 1st, our board changed management companies. I have requested copies of financial statements from this new company for the past few months. In Arizona, the request needs to be fulfilled in 10 days, per a law that pasted back in September. This new management company is not providing copies due to the old management company have not given the records. When I call the old management company to see where the files are, they state that they were given on December 1st. So, who owns the responsibility to give me (homeowner) the copies? And, what office with the state do I file a complaint with?

In addition, the new management company and the board is claiming that some of my comments were slanderous at the last board meeting and a lawyer has been involved. Can anyone refer an HOA lawyer for me to consult with? I don’t think that information can be named in this forum. If anyone has a referral in Phoenix/Gilbert, AZ – please e-mail at [email protected].

Thanks.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

TaraR,

The new management company (MC) owes you the copies.

Your request for financial statements needs to be put in writing. The new MC (management company) owes you the copies.

What were your comments, exactly? Were they truthful, can you back your comments up with facts?

Claims that you made slanderous comments are just that, claims. Don't fret too much. Until then, gather your facts, know your rights, re-read your gov. docs, do some research on the web for local attorneys.

A quick search on google provided me the following article: http://pvtgov.org/pvtgov/hoa_help.htm

There's a contact at the bottom that is a Homeowner's Rights Activist. He may be able to provide you some advice.

Best of luck!!
GeraldT1
NNJ

RogerB (Colorado)
Posts: 5,067

Posted:

Tara, you certainly can not expect to get the records from a new management company "a few months" before they become your management company! It has been our experience it can take up to three weeks after termination before we have been able to get an association's records from the old management company. You could send a written request to get copies of desired records as soon as they are available. If there is a super critical matter which requires quicker action contact the President of the association to see what can be done.

PatrickH (California)
Posts: 204

Posted:

Tara, it's only the 13th of December. If you changed management companies on December 1st, it will take them a little while to get all the old records from the previous management, who's probably in no rush to ship them. The information you're looking for may be sitting in a box in a warehouse somewhere.

Give them some time, a month at least, to get everything up and running. Adding a new HOA to a management company's client list is a pretty big project, especially at the end of the year, so be flexible in expecting an immediate answer to your questions.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

TaraR,

While the law may state 10 days, it's probably business days. This would put the new MC in technical violation of satisfying your request on Dec. 15. I'd stick to my guns on the request but I would also be reasonable in my expectation with the new MC. Put your request in writing, give them a chance to comply.

Best of success!!
GeraldT1
NNJ

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

PatrickH,

The law states 10 days, a month at least, as you've stated is not in compliance with what TaraR says is the law. Yes, she should give them some time, however, she's requested the information from the old MC, therefore the HOA, and is being accused of slander after all. IMO, a month is too long.

GeraldT1
NNJ

PatrickH (California)
Posts: 204

Posted:

Gerald,

I agree that a month would be too long in normal circumstances if the law says ten days. Tara did say that the new management company doesn't have the financial records yet, so it's not possible for them to give the records to her until after they receive them and locate them.

Any transition that involves a lot of paper files being moved requires some time to get back up to speed. The old management company may have just randomly dumped years of paperwork into shipping boxes, and more than a few documents may have ended up in the dumpster!

HaroldS (Arizona)
Posts: 906

Posted:

Tara - Here is a Nexus-Lexus definition of slander:
Slander
You don’t have to prove actual harm to your reputation to collect damages for slander if someone says something about you that:

Affects your business, trade or profession
Implies you committed a crime
Leads to the conclusion that you have a loathsome disease
Suggests that you are somehow sexually impure
Otherwise, you’ll have to prove you’ve actually been damaged in order to collect for slanderous behavior.

Harold

HaroldS (Arizona)
Posts: 906

Posted:

Here's another timely article on this subject.
http://www.imakenews.com/ortenhindman/e_article000682631.cfm?x=b8m65qW,bnNbHpQ

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here