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WillR (Michigan)
Posts: 68
Posted:
As most already know i have a lawsuit filed against our POA. Right after the POA filed it answer to the court all the archived minutes and treasurers reports were removed. I had already downloaded all that I needed for the case. My question is in the operation of a web site are there records as a event log and a file of records removed? Events such as items added and removed, on what date and time. We find it odd that these items would be removed for the members to see while a lawsuit is underway. Any thoughts. Thanks
TimB4 (Tennessee)
Posts: 21,059
Posted:
It will depend on the sites hosting company method of uploads. Mine does not maintain a log like the one you mention.

I suspect that the items were removed on the advise of the attorney. Typically, when there is threat of legal action against an association, the individual bringing the threat loses a lot of the rights to see various records without a court order (discovery). As I understand it, this is because all records are considered part of the case.

Since I am not an attorney, my understanding could be wrong.

Tim
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would agree with Tim. They probably removed the items due to the advice from their attorney. However, regardless if they removed it or not, it still part of the "discovery" that will be presented on BOTH sides. It will most likely become an exhibit to be discussed in court.

People don't understand that there are no real "surprises" in court like on TV. The reality is that all the proof/documentation is shared between the two parties prior to court. This is so both sides can be properly prepared and fight the fair fight. Granite there is the ability to bring forth "new" evidence during a trial but only under certain circumstances and allowed to be investigated by BOTH parties.

It gets me when people file lawsuits and think they can "blind side" the other side with a whole lot of "Proof" and win their case. When it comes to the court process, all conspiracy theories go out the door and it should just be the actual facts by then. Either side wins based on how those facts are argued/presented. So don't get all excited when you see items removed or not shared amongst other members until the case is finished in court.

Former HOA President
WillR (Michigan)
Posts: 68
Posted:
Thanks, I understand the court process. One of the members had inquired as to the why and the timing. Not knowing the ins and outs of the web masters I was unable to a sure her that it wasn't due to "money business".
HoaC (Florida)
Posts: 95
Posted:
Nothing is ever lost on a server HDD. They probably did not erase the data, as that would require the hosting company to run special software on the server and reload an entire website. Most websites share a common server. Unless it is a dedicated server, which is costly to obtain. So, the data is still on the server HDD. The viewing permissions were probably restricted until this is all over. If your attorney supeonas the web hosting company, they will be required to provide the data. However, there may be a data recovery fee that is charged for that service. Consult your attorney, they should know what is reasonable to recover and use in the courts. Every server logs a record of events. This record is easily obtained.
RgV (Virginia)
Posts: 9
Posted:
Have you tried to use www.waybackmachine.org? This service can show you what was on a web site at a particular date in time assuming it was scanned by one of their web crawlers. I have found it very useful and fun. Good luck.

PS. Does your CC&R provide members access to The HOA records you are seeking? If so, this would be a quicker way then getting a discovery order form a judge.

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