Right of HOA members to see liens filed

In reviewing our HOA 2006 year end financial report we noted $640 was recorded for the filing of liens against homeowners who are delinquent in the payment of their dues. (We are a small association with 130 homes; each filing fee with the County Recorder is only $10.)

We checked the County Recorder's website and find that no liens have been filed since 2002.

We asked the Treasurer (who forwarded our request to the President)if we could view the filed liens. Our intent was not to learn the names of the liened homeowners, but merely to assure ourselves as to whether or not the liens were filed.

We have been met with rude refusals saying it is none of our business. We have been asked why we want to see the liens. So far we have not stated that we are concerned about the fact that monies were paid for filings and no filings were made. We have tried so far to take the tact that we just want to view them. We do not want to make any accusations until we have uncontrovertible proof.

The ByLaws state that all records of the HOA are to be made available to a member who requests such a viewing at a reasonable time.

Our HOA does not keep records in proper order or form. Annual elections are scheduled for next month and several of us are considering running for office. We realize making a difference may be an almost impossible goal but we can at least clean up the organizational record keeping.

Any suggestions on our situation and how we should proceed? Thank you all.

Thank you for your good reply.

Our association doesn't have a management company and there were no funds paid out to lawyers, thus raising our question.

I agree with Roger on this.

Hint: When asking (and this applies to more than just HOA boards), include you reason with the initial request. The board (in this case) has already told you "no", now it's awkward for them to change their mind and provide the information. If you had given a reason the first time you asked, the board would have likely said (to each other) "we can't refuse this request, she has the right to an answer."

Just a note: Recording a lien may be $10. Filing charges may or may not be included. There may also be a charge for the time used: travel cost to the courthouse, cost for the forms, notary signatures, etc.. $640 is more than I spend to file a lien, but I can rack up the charges a bit with legitimate expenses from $10.