Member requests for contracts-California

Here are some links to help you.

Contracts-Members Right to Review.
http://www.davis-stirling.com/tabid/3199/Default.aspx#axzz2pmCPGsbu

Civil Code 1365.2-Inspection of Records and Books Paragraph (i) and (j) should answer your question.
http://www.davis-stirling.com/tabid/894/Default.aspx#axzz2pmCPGsbu

Thanks to both of you. I was in the middle of a text and couldn't get DS to cooperate. I found the section and my question was answered. In retrospect, I should have just asked calendar or business. BTW, Carol. There is no requirement to give a reason by a homeowner for contract inspection. There is a reason requirement for a homeowner list request.

Good Luck

I understand the law offers legal minimums for a baseline code of conduct by HOAs and certain "Rights" by members.....

In regards to contract inspection, I can see zero reason to cite confidentiality in refusing to allow a dues-paying member - or owner/investor in the HOA - to review contracts they are, in part, subsidizing through mandatory/confiscatory dues. If salaries are posted in the contract, then it should be reviewable by its investors. Now, if the contracts don't outline such things, then private companies may or may not offer information outside the parameter of the agreed contract terms (since the HOA's focus is on its individual contract terms).

You change the terms assigned to "dues payer," making it investor, owner or stockholder and you can see the issues differently.
The reason to review a contract is because the person is paying for that contract. The HOA members elect the board as its representatives, not as a firewall or unattached entity.

The only "power plays" HOA boards should engage with their clients is over clear-cut rules and policy enforcement that ensures continuity of neighborhood operation as agreed when every homeowner purchased their houses. Otherwise, boards are to serve as best possible and be transparent.

Unfortunately, the HOA ceded all contracts to the management company. BOD didn't even have copies of the contracts, let alone review them. I note in DS there is no specific delineation of who is responsible for producing records. I presume that is to deal with lunatic boards like mine that turned over all responsibility to property managers. i suspect this a situation ripe for fraud and abuse.But I thank you for your response.

As the saying goes, "just because you're paranoid, doesn't mean they're not out to get you."

The PMC has repeatedly lied about material facts, directly in conflict with state law. It has determined what informations owners can/should have, in direct conflict with state law. It has failed to produce state required documents in a timely matter, after intimating owners might "do something" with them. An AG complaint has been made because of falsified owner-occupant/tenant ratios given to a mortgage company.

As bad as the PMC is, I fault the lazy board for the situation. Too often people seek board placement to build their resume or plan for their obits, IMO. They show up once a month then disappear. As for ability to read a simple pool service or janitorial service. Perhaps I have more faith in the cognitive ability of the everyday homeowner than you. Generally, it takes an IQ equivalent to warm toast to figure out bids on required work and read evaluations of past employers.

Am I addressing the situation? You bet'cha.. I am working to expand the duties of the board, review contracts to ensure the contract service selections are doing what they're paid to do, including the PMC. I have a standing open house for owner occupieds before the HOA to discuss problems and engender esprit de corps.

My statement, btw, was "ripe for fraud" not "with". Words matter.

Thanks, Carol, for your helpful comments. I was responding to Missy to let her know I was indeed taking an active part, and two, our board not only didn't have contracts of services, they'd never seen them. One board member works to keep the members up to speed, but he's one of five, so it's a lonely job. The other four are landlords, meeting once a month with the PMC rep setting the tone and time limits.

I've been on public boards and private boards, so I've seen my share of active, dynamic, and sadly, my share of lazy, complacent. The townhome community is quite large and old, and has become primarily a rental park. The landlords, some who own ten or more units, have little interest in needed major face lifts. They seem to have taken the slumlord approach to ownership, instead of recognizing the potential for profit (were in a highly desirable area--coastal) There are increasing numbers of government assisted rentals, with families of six to eight living in two bedrooms.

BTW, the contracts have been received by requesting owners. As for the bids, I'm sorry I wasn't more clear. The BOARD never saw any references from prior HOA's doing business with the PMC before signing a contract. The PMC has claimed they don't list associations they represent due to confidentiality issues. Isn't that odd? Most management companies tout the associations that have retained their services....resume building 101. We have learned from neighboring communities they dumped our PMC for numerous irregularities.

I'm sorry I'm getting so far into the weeds with this, since we have gone so far off topic, but again, thanks Carol.