Hoa board voted out and no turnover as of yet

Hello.

On Monday of this week we managed to vote out 4 out of 5 members of our board at a very delayed annual meeting. This board has been in control of our for over 20 years. They have been breaking almost every by-law. The lawyer for the community was there and I asked him when were we to expect the turnover of all the documents, bank accounts etc. He said they have 5 days to do it but he would recommend them to do it ASAP.

It is now Friday and we have not received anything. Can anybody offer any advise please!!!

They are suppose to be turned in to the new board. They have not handed over bank accounts, keys, documents, any records that we need to function as a new board.

The general rule of time lines is that when a person has 10 or fewer days to act, only business days are counted. Eleven or more days are counted as calendar days.

Your vote was on Monday. Tuesday was day one, Wednesday two, Thursday three, and Friday (today) is four. Saturday and Sunday are not considered business days, so Monday will be day five.

Relax.

Larry would you please let me know where I can find the info you provided...thank you.

Veronica,

Who physically has control of the records? Does the association have a management company? If so, they most likely hold the records. Unless you plan to terminate their contract, the records would remain with them. You, as a board member can inspect any of the records at their place of business.

In terms of getting one of the new board members as a signer on the bank accounts - as soon as possible have the new board approve the minutes of the meeting where they became board members. My experience has been that the bank will want to have that document before changing the signature authority on the account.

We do not have a management company. The treasurer has all the records. I was the secretary and am the only one re-elected and did not have any records or documents that pertained to me according to our by-laws. I asked for them and they ignored my request.

We do not even know what bank they use. We have been fighting for over 1 year for this. And now that we prevailed the old board is not complying.

I would give them 10-days for the records and schedule a board meeting. The board should write an official letter (before wasting money on the attorney) and list the documents you are requesting. You may also check because some documents may have a 30-day allowance for production.

Give them a deadline according to what your CC&R and state civil codes/corporate codes allow. Deliver it as required or to be safe, email and regular mail (certified delivery or registered).

For some records, you'll just have to write them off if you can't get them such as meeting minutes and newsletters. However, you'll need a record that you weren't given them so that in the future if someone asks for them, you and future boards will not be fined for not having those documents. During a dispute we recently had, the board refused to produce newsletters and minutes, but we had them and they lost in court. If they do exist, see what you can get from other people just in case.

The bank accounts are more important and the advice above is sound. You'll have to request all the documents from the bank and the treasurer will have to go through them.

Larry,

RULES OF CIVIL PROCEDURE is certainly applicable to court cases and therefore, logically, should be followed when litigation is a possibility.

As the documents purpose states:

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.