Uncollected maintenance fees

I have asked my HOA to provide me with the amount of uncollected maintenance fees during the years 2008-09. I sent the request to the board president. The answer came through their attorney that I am not entitled to that information. Keep in mind I did not ask for any names just the total amount. I believe they are daring me to get it only by filing a lawsuit against them. Is there anything in the charter of a non-profit corporation that would compel them to release this information to a member upon request?
If I submit an official request for external audit, to be paid by me,would they be required to submit all information needed by my CPA?

Would really appreciate your input.

Amin,

You have a right to "inspect" the records of the Association. This is not the same as obtaining copies. This right is identified in Sec.A22.351 of the NonProfit Code (if applicable) and Sec. 209.005 of the Texas Residential Property Owners Protection Act. (if applicable).

I would suggest resending the request citing the applicable codes. Example:

In accordance with Sec. 209.005 of the Texas Residential Property Owners Protection Act and Sec.A22.351 of the Texas Business Organizations Code I am requesting to inspect the financial records of the Association. The reason for the inspection is xyz.

However, if the Association prefers, they may simply provide me with the dollar amount of the overdue assessments along with the number of lots (not the lot numbers) that have caused this delinquency. For example: Total amount of past due assessments equals $$$$ with x lots 30 days delinquent, x lots 60 days delinquent, x lots 90 days delinquent, etc.

Thank you.

I expect that the financials do identify the total amount of assessments collected. Therefore, knowing this you should be able to figure out what you're asking.

(number of lots times amount of monthly assessment times number of months) - total amount collected = $ amount of assessments behind or ahead.

Amin

How much detailed info do you want and for what reason?

Thanks

Thank you very much. I will do that.

I am trying to audit the books during 2008-09 year to see if there is fraud committed. I have still a few months left before the statue of limitation runs out.

Typically, most lenders will not issue mortgages for units in an HOA without knowing what percentage of the units are in arrears and by how much. It's an FHA, Fannie Mae, and Freddie Mac requirement.