Records Request

In our attempt to collect past dues, one very delinquent person decided to ask for our records, citing the recently enacted KS House bill 2472. His request is below...two issues I see, first he didn't ask for a specific request and as I read this bill his request has to be specific and not generic. Secondly, due to some major previous board issues a lot of these records don't exist. How should this request be handled?

1. The first section of the records provision contains a laundry list of records that the CIC must retain for five years, including copies of:

a. all receipts and expenditures;
b. minutes of all meetings except executive sessions;
c. names of all owners, in alphabetical order, with addresses;
d. the declaration, bylaws and rules;
e. financial statements and tax returns, (though only for 3 years);
f. names and addresses of current Board members;
g. the CIC’s most recent annual report, if any;
h. copies of current contracts to which the CIC is a party;
i. records of architectural approvals, if any; and
j. ballots, proxies and other records relating to voting by unit owners for one year after the election, action or vote to which they pertain.

2. All records except those that may be withheld (see subsection 3 below) must be available for inspection and copying by the owners or their agents upon 10 days written notice reasonably identifying the specific records of the association that were requested, though the CIC is not obligated to compile or synthesize information and may charge a reasonable fee for copying.

3. Records that need not be shown or copied include:

a. personnel, salary or medical records;
b. commercial contracts being negotiated;
c. documents relating to existing or potential legal proceedings;
d. documents relating to existing or potential governmental enforcement actions;
e. communications with legal counsel;
f. records of executive sessions of the Board;
g. individual owners’ files; and
h. any document the disclosure of which would violate some other law.

His request is below...two issues I see, first he didn't ask for a specific request and as I read this bill his request has to be specific and not generic. Secondly, due to some major previous board issues a lot of these records don't exist. How should this request be handled?’

Brad, where is his request? And, where does the Bill state the request must be specific? Perhaps I am misreading your post? Here is what the Bill says:

Subject to subsections (c) through (g), all records retained by an association must be available for examination and copying by a unit owner or the owner’s authorized agent:
(1) During reasonable business hours or at a mutually convenient
time and location; and
(2) upon 10 days’ written notice reasonably identifying the specific records of the association requested.
.........(d) An association may charge a reasonable fee for providing copies of any records under this section and for supervising the unit owner’s
inspection.

As others have said, you can't provide what you don't have. Let him make an appointment to review the records you have. If he wants copies, charge him BEFORE you copy them.

What I am saying is he copied the law and sad that was his request...in an attempt to try to get him to narrow it down he wouldn't saying that was his request. We have the financials except past receipts, most everything else is gone though. Apparantly he wants everything on the list...in reality he is way behind on dues and in my opinion wants to make life difficult for us.

Petunka,

I think you answered your own question when you quoted the part of the law that says the "specific" records have to be identified:

and
(2) upon 10 days’ written notice reasonably identifying the specific records of the association requested.

I would say they can see all the expenditure reports and receipts but limit access to collections. Meaning they can see their own collection records on their account but NOT of all the owners. However, a general collection amount could be subsituted without individual names. Such as "this is how much we collect on average, this is how many are late, and this is the amount we need to collect each month etc." I don't think the other members would appreciate someone having access to their own private records between the HOA and themselves.

So let them see the records at an appointed time and place. It's just basically a witch-hunt on their behalf anyways. Obvisously they are just trying to distract ya from the real issue and probably even themselves. I'd try to find out what their "Real" issue is and work from there if possible. It's not really the record viewing but an issue they are having with the HOA overall.

You could proceed as follows:

State the ORDER in which you will comply with the request. Easiest (and least interesting) things first.

Make the first 200 pages or so of copies. Have them in hand and offer them in exchange for $.25 per page. Don't give them unless you get the cash. Proceed in this manner until he gets tired.

Be responsive, but "work to rule."

> If there are missing financials couldn't you get copies of bank statements and reconstruct as best as possible?

Perhaps this could be done. Whether it is a sensible use of resources depends on the interpretation of this request. According to the description it sounded like an irresponsible homeowner is trying to be as difficult as possible. The request for an extremely broad set of files tends to confirm that.

It appears he has backed down...i sent him electronically our documents and all minutes I had. I also told him that he was welcome to view any financial information but would have to set up a time to do that. I also invited him to have a meeting with me to work out whatever issues were going on. After all that he replied that this has taken up more time than he wanted, consider his request fulfilled and a check was in the mail!

No, never had an intention of doing that and was happy to send him information I had electronically...but was going to make him come to me for financials and I kept throwing the invitation to talk and meet at him. Don't think he had any interest in that and when I kept putting more effort at him it wasn't worth it to him anymore.