ACCESS TO HOA MEMBERSHIP LIST

Started by TomW • 2 replies • 1631 views

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TomW (Utah)
Posts: 31

Posted:

Our HOA in Utah ski country consists of a total of (80) units, (11) of which are timeshare units. The timeshare units have their own association, and they vote as a block on all items that concerns the main HOA through their timeshare president, who also serves on the Board of our main HOA. One of our main HOA Board members has requested permission to attend a timeshare HOA meeting, but was denied because the member was not a timeshare owner. In addition, the full unit owners have no access to the details of how the income and expenses of our main HOA are shared with the timeshare association. We also have no access to the listing of the owners of the timeshare units. I have attempted to access the tax records at our county tax recorder, but to do a title search on each timeshare period over the last (25) years to determine the present owners would be a very time consuming and expensive task.
What is the best method to obtain a listing of the owners that represent approximately 12% of the votes of our main HOA, and the financal information on expenses and income without incurring legal expenses?

JM2 (Oregon)
Posts: 439

Posted:

Hi Tom:

Is the Timeshare Units' Association a sub-association of the main, or it is an owners group for the purposes of reprensentation within the larger group?

If it's a sub-association, then it may be that the only way to get access to the records (financial and otherwise) would be through a member of the timeshare association, or through legal means.

You may want to check your association's documents regarding membership, and how voting is supposed to happen. If your documents are silent on the issue of timeshare membership, then it may be that each unit's vote in the timeshare group would need to be split out proportionally among members. If it doesn't say that the timeshare membership votes as a block, this might not be legal to do. If your documents say that every timeshare owner is a (proportional) member, then you should have access to their information.

If necessary, you may need to refer the issue to a lawyer just to figure out what's what and who's who, if that's not clear in your documents.

J. Patrick Moore, CMCA

TomW (Utah)
Posts: 31

Posted:

Hello Patrick,
Thanks for the response on my question about the timeshare association. I have reviewed the bylaws of the timeshare association, and as far as I can determine, the main HOA is referred to as the "Master Association" and the timeshare association is classified as the "Association". The timeshare association did refer to the time share owners right to vote in the Master Association with the following description, "Each Membership in the Association shall be entitled to the number of votes relating to the Time Period Estate appertaining to such Membership, as set forth in the Declaration". Lawyers seem to use too many words to get a simple point accross.
I plan to bring this matter up at our next HOA Meeting and request that the rules of voting be followed as stated in the bylaws. Since each secret ballot envelope needs to signed
to verify that only qualified owners vote, then we will need a listing of the timeshare owners to verify the election process.
Thanks again for your response.

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