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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
When we broke away from our "manager" (long story) in 2010 the Board members at that time got files from their office and placed them in the storage closet (easch unit has a separate storage room on the 1st fl) of an empty unit.
Althugh a Board member since January of this year, I recently was told where our old files are being stored.
My question is does this sound legal to you? To my knowledge we did not get the unit owner's permission to do this. When I questioned the President about the legality of this I was told that we had no where else to store our old files.
PetunkaM (Florida)
Posts: 1,009
Posted:
Bonnie, what does the word 'legal' mean to you?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By PetunkaM on 10/01/2011 6:43 PM
Bonnie, what does the word 'legal' mean to you?

To me, legal means something allowed by law. According the the dictionary legal means of or based on law' permitted by law; of or for lawyers.
Since we would not store records in a vacant unit (I think the owner would complain if we did) why should we be allowed to use owner's sotage closet for our files? When the unit sells, we will definitely have to find another place for these files.
If this were your storage unit, would you appreciate anyone including the Association using it without your permission?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Who owns the storage rooms?

Are they part of the units deed or are the considered common area that is set aside for use by each unit?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
They are considered part of the common area that is set aside for the use of each owner.
PetunkaM (Florida)
Posts: 1,009
Posted:
If this were your storage unit, would you appreciate anyone including the Association using it without your permission?

Bonnie, I would probably not mind at all because I do not worry about silly things. Why don’t you just call the owner and ask if you can temporarily store the files in his storage bin? Common sense, I think.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Thanks, that makes perfect sense to call the owner. Come to think of it, I think the bank owns this unit. It wasn't a foreclosure, something in a will I think.
FredS7 (Arizona)
Posts: 927
Posted:
A much better question is whether this particular storage option is a good idea or not, and it not, why not.

Questions about whether something is legal or not are often posted here. Most often the poster wants to know whether something is advisable, ethical, etc. etc.

In this case: it's not a very good idea because it is imaginable that, even if owned by a bank, someone might clear out the entire unit, including the storage area, prior to an inspection and sale.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Bonnie,

Why did the Board not ask the unit owner for permission to store the files? That would have been easier than wondering if they did something "illegal" I would think that using someone's property without permission could be considered no-no. Why is the unit who's storage that you are using empty?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By BonnieG1 on 10/01/2011 7:43 PM
They are considered part of the common area that is set aside for the use of each owner.

If the storage units are common area, then they would be under control of the Board. However, since the Board assigned a storage unit to each living unit it's logical for the individual assigned the storage unit to expect no-one else to use it without permission.

As others have said, the Board should ask permission from the owner to use.

However, they also need to find a long term solution for the storage of these files and the sooner the better (as who knows when that unit will be sold and the files will have to be moved again).

Tim
LawrenceC1 (Georgia)
Posts: 480
Posted:
Bonnie,

As Fred pointed out, keeping records in a storage closet isn't a good idea. It sounds like your board simply didn't know of a better place to store your records.

We store archived records in a commercial storage facility. They rent us a 4 foot by 4 foot by 4 foot locker for $19 a month. You may be able to find something similar in your area.

(Current records, are kept by the secretary, treasurer, and committee chairpersons as appropriate.)
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We kept our records on a locked closet at the clubhouse. Some records were kept at the Bookkeeper's office. However, those were mostly from their own benefit. I wouldn't keep the records in anyone's home. It's best if you have a place like a clubhouse, storage faciility, or management company to keep them. Better yet, if you can scan them to keep them on a drive somewhere electronically would be a good idea. Saves space and easier access.

I had to go through 20 years of records in our HOA once for a contract dispute with a lawncare provider. It's a good thing to try to go through them and get them organized. One set of records we even had to use in court for a case. Which helped that I had separated them years earlier. I think the board should go through the records once a year myself after the elections. It would familiarize the new board members and give everyone a chance to see any past mistakes that could be avoided.

Former HOA President
LawrenceC1 (Georgia)
Posts: 480
Posted:
Melissa makes a good point about reviewing your records each year so that you keep them organized. And while there are some documents that should be kept indefinitely, there are others that will be out-of-date and should be destroyed. An annual review is a good time to take care of that. For advice on what to keep and what to throw away you can check the National Council of Nonprofits and the National Center for Nonprofit Boards.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Thanks for all your suggestions. The best one for us would be a storage facility as we do no have a club house or a management company.
I need to get to this records, review and possibly straighten them. The first key was given would not work. Later that day a key was given to one of our owners who met me in the storage area and that key worked. The impression given to the owner is that was the key I had earlier which it was not. So that held up the work I need to do for a couple of weeks until I have time again.

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