Is the word "SHALL" synonomous with "MUST" in Bylaws?

The following is an excerpt of our HOA bylaws...

The Association SHALL make available to unit owners, lenders and the holders, insurers and guarantors of the first mortgage on any unit, current copies of the Declaration of Condominium, By-Laws and other rules and regulations governing the condominium, and other books, records and financial statements of the Association (to include a financial statement for the immediately preceding fiscal year).

Current copies of the Declaration, By-Laws and other rules and regulations shall be available to prospective purchasers of units. "Available" shall mean available for inspection at a reasonable time, upon request upon an officer of the Association under reasonable circumstances.

QUESTION 1: Is SHALL the same as MUST?

QUESTION 2: If furnishing financial statements, books/records (minutes) is REQUIRED by "SHALL", how can the HOA board legally refuse?

To those who will come across this thread and not have any background info:

The answer is yes, shall and must mean the same thing.

To BamaJ:

This was asked and answered in a previous thread you started. See:

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/136152/view/topic/Default.aspx

How many times are we going to beat a dead horse?

Tim... must you be rude?

Whether a question is asked twice or a newbie, like me, asks it the first time... we want to know.

If you're tired of giving an answer or seeing the same question, go on to the next thread.

Not everyone is as "versed" as you profess to be.

To the others, thanks for the answers.

Bama,

Sometimes tactful doesn't always get the message across.

Based on past posts in other threads, I'm fairly certain that you knew the answer before you started this thread.

To answer question #1

This should help clarify - and I have posted before.

From the definitions which are used by the National Conference of Commissioners on Uniform State Laws and including a comment:

http://www.uniformlaws.org/Shared/Docs/DraftingRules_2006.pdf

RULE 203. USE OF “SHALL”, “MAY”, AND “MUST”.

(a) A duty, obligation, requirement, or condition precedent is best expressed by “shall” or “must”.

(b) Use “shall” if the verb it qualifies is a transitive verb in the active voice and the subject is animate. Example: “The aggrieved party shall file the application.” However, if the word is used to express a condition precedent, use “must”. Example: “An applicant must file an application to be considered for an exemption.”

(c) Use “must” if the verb it qualifies is in the passive voice or the subject is inanimate. Examples: “The applicant must be an adult.” “Any prior conviction must be set forth in the application.” “The order must state the time and place of the hearing.”

(d) Use “may” to confer a power, privilege, or right. Examples: “The applicant may demand [power] an extension of time.” “The applicant may renew [privilege] the application.” “The applicant may appeal [right] the decision.”

Comment - The test for determining whether the subject is animate is whether it can respond to a statutory command. For example, individuals, legal entities, and courts are animate because they can respond to a statutory command. Use “shall” in these cases. Examples: “A corporation shall file a report with the [Secretary of State] each year.” “A court of this state shall recognize a foreign country judgment.” On the other hand, an application cannot respond to a command and, thus, is inanimate. Example: “The application must contain the following information:”

Your perception is wrong.

You should not presume.

My mother always told me that "if you can't play nice, don't play".

Thank you for all your answers.

I was not being rude by asking again.

I'm still seeking perspectives and ideas.

You've given yours...perhaps others have other thoughts.

Thanks!

Tim and Melissa...why are you being so rude to me?

You lambast Nat and me for "getting personal" then you make it personal by posting something rude to imply I'm stupid.

I'm not "beating a dead horse" and I'm "not stupid".

Please post on other threads.

I am seeking insights and input from others.

Ellie gave me an excellent post.

Ellie, thank you...that was valuable insight to the legal meaning of the word shall and related words.

You cannot resist, can you?

Pretty sad.

Tsk Tsk...

Melissa, you're not funny. You only add to mistaken negative opinion others have about Alabama.

Clearly you and Tim think this is funny but it isn't. Please stop.

I asked for others input regarding this question.

I have respectfully asked you and Tim to please not post on my threads, as they are no longer positive and helpful but are rather insensitive and disrespectful.

Both of you, please stop.

Thank you.

John

Best I could tell when I found and joined this forum...it is a place for people with HOA problems and questions to ask other HOA veterans their OPINIONS and to gather knowledge and yes, maybe sometimes, just to "vent".

At the proper point anybody here (including me) with a real legal problem WILL seek an attorney's advice.

In the meantime we are all just information gathering.

So why all the hostility or snideness from some of those here who feel compelled to answer in some negative way?

Thanks for your "advice"... I and other concerned HOA members will do just that when the proper time comes.

Regards...

Melissa...those arguments don't fly. Sorry.

I've repeatedly asked you and Tim to stop posting on this thread.

I have not personally attacked either of you.

I may have committed an "unforgivable" error or asking a question twice (albeit in a different way) or guilty of asking one asked by others many times before...but should I be persecuted for it?

I don't think so.

Again...I ask you both to please stop posting on this thread. Please go to other threads to offer your advice and opinions...and humor (if that is what its called).

Thanks!

MS12...I have a GREAT idea!!!

Start a new thread and invite the resident humorists.

Sadly, John, I thought it might be different here versus say a Craigslist Rants & Raves train wreck. Guess I'm wrong.

Pick another thread...

>QUESTION 2: If furnishing financial statements, books/records (minutes) is REQUIRED by "SHALL", how can the HOA board legally refuse?

Probably they can't. Presumably a lawsuit by one of the owners could compel them to make such records available.

Not a lawyer, and all that...

The choice of the word "could" was intentional.

MelissaP1...is this you?

"How do i find out if my husband is married in another country?

My husband has another woman in mexico and i wanted to no if he has married her or not because every one is telling me he did! i want to get him for bigamy! help me please. also how do i take back his green card that i got him?"

Hummmmm

John ...

You SHALL or you MAY... your choice.

Perhaps you could marry before you go?

Might make the bigamist hunt all the more interesting.

Si, Senora...

tee hee... the "jokes" don't feel so good, do they?

Adios

I love horses.

Had a few in my lifetime.

Shoveled a lot of horse poo too...so I know what it smells like...a lot like here, LOL.

And you know what?

Not a single one of them were dead and none were beaten.

So you guys must frequent animal cemetaries...which is, I must admit, quite strange.

Do you smell that smell too?

Phewwwwwwwwwwww

I understand there are a few bullies in here that pretend their contributions are "humor" when they clearly are not.

Gotcha beat!

Both of my dad's parents were serial marriers. It was the first marriage for both of them and it went sour. Instead of an official divorce, they each went their own way but they still resided in the same county. When my grandmother remarried, she sought out a judge in the county to the east of the one she lived in. My grandfather remarried three times and each marriage was in a different county. Granny was a bigamist and Gramps was a quadramist. Between the two of them they were married in five different counties.