I don't want to sign a letter to a problem owner

Started by BonnieG1 • 6 replies • 1576 views

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BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Part of the letter says "This is not the first time ou have been contacted to improve on your interpersonal skills. I wanted to see previous letters sent from the Board to this owner. I have only seen one and that one stated that we do not have to release any financial information per our lawyer at that time.
We began in 1981. I checked our state statues and found nothing that requires us to release financial info to the owners and I don't remember reading anything about requiring this release of financial info in our Master Deed.
I did find statue 79-876 that requires a Condo Association release financials, but that is for Associations started after 1984.
Even if we aren't required by law, I see no problem in letting any owner that request this information see it. I see many problems by not releasing them when they are requested by an owner.
In your opinion are we or are we not required to release financials. Thanks for your help.
O the letter I read to this lady said the Board was all volunteer which was not true, the bookkeeper and manager (both Board members) were receiving pay for their work.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Bonnie,

Typically, letters from the Association are signed by the President. The Secretary might prepare the letters for signature, but the President should be the one signing them. A typical exception to this would be if the letters deal with collection of Assessments, as those might be signed by the Treasurer.

As for the question of releasing financials, if I recall, your Association is a nonprofit corporation. Therefore, the Association must comply with the
Nebraska Nonprofit Corporation Act. Section 21-19,166 of this act specifies that the member does have the right to inspect the financials of the corporation.

Hope this helps,

Tim

Here is the text of that section [emphasis added]:

21-19,166. Inspection of records by members.

(a) Subject to subsection (e) of this section and subsection (c) of section 21-19,167, a member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in subsection (e) of section 21-19,165 if the member gives the corporation written notice or a written demand at least five business days before the date on which the member wishes to inspect and copy.

(b) Subject to subsection (e) of this section, a member is entitled to inspect and copy, at a reasonable time and reasonable location specified by the corporation, any of the following records of the corporation if the member meets the requirements of subsection (c) of this section and gives the corporation written notice at least five business days before the date on which the member wishes to inspect and copy:

(1) Excerpts from any records required to be maintained under subsection (a) of section 21-19,165, to the extent not subject to inspection under subsection (a) of this section;

(2) Accounting records of the corporation; and

(3) Subject to section 21-19,169, the membership list.

(c) A member may inspect and copy the records identified in subsection (b) of this section only if:

(1) The member's demand is made in good faith and for a proper purpose;

(2) The member describes with reasonable particularity the purpose and the records the member desires to inspect; and

3) The records are directly connected with this purpose.

(d) This section does not affect:

(1) The right of a member to inspect records under section 21-1959 or, if the member is in litigation with the corporation, to the same extent as any other litigant; or

(2) The power of a court, independent of the Nebraska Nonprofit Corporation Act, to compel the production of corporate records for examination.

(e) The articles or bylaws of a religious corporation may limit or abolish the right of a member under this section to inspect and copy any corporate record.

DJ1 (Ontario)
Posts: 798

Posted:

"This is not the first time ou have been contacted to improve on your interpersonal skills."

This has no place in a letter from the HOA to a member! If that is the sole purpose of the letter don't waste your time or postage. If the purpose of the letter relates to some HOA issue then stick to that. Whomever put that part in the letter is an idiot imo.

BradP (Kansas)
Posts: 2,640

Posted:

Bonnie:

why not have the whole board sign the letter? Scan in signatures and drop them in as appropriate, if it is a letter from the board then the board should sign it.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BradP on 09/08/2011 12:27 PM
Bonnie:

why not have the whole board sign the letter? Scan in signatures and drop them in as appropriate, if it is a letter from the board then the board should sign it.

I wouldn't recommend copying and pasting someone's electronic signature on anything without their permission.

It could be considered forgery.

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By TimB4 on 09/08/2011 3:09 PM

I wouldn't recommend copying and pasting someone's electronic signature on anything without their permission.

It could be considered forgery.

agreed, perhaps I should have expounded on that and said why doesn't your board agree to sign all letters that go out...that way not just one person is out there with a target

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

I have more information at this time and the letter is worded better. Now I have no problem signing it. As Secretary I have my work cut out for me. I need to file many items that have not been filed. If the files had been up to date it would have been much easier to find earlier letters from te Board to this lady.
Thanks for all your replies.
This lady was requesting information we did not have from our previous bookkeeper who was not actually a bookkeeper. There is no way we could have produced it. That is one reason we took control of our own books.

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