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CyrstalB (Maryland)
Posts: 457
Posted:
There is another thread discussing having to pay to view files, and I am curious as to how the advances of technology has screwed the hoa homeowner when everything is becoming digitized.

When our manager was last asked about viewing some documents, his reply was, due to security reasons no one was allowed access to the computers. So he was asked to provide the hard copies instead and his response was that all files were scanned and then shredded. So now because of their decision to digitizw and shred, we will be forced to pay for copies.

Wouldn't you consider that to be a problem?
JonD1
Posts: 2,350
Posted:
So you would have the MC retain hard copies of every document?

I had thought one of the benefits of the computer age was expanded storage capacity.

And I would have to agree granting access to the actual computers would certainly be a no no.

So in the rare case where documents are requested they could be printed on an as needed basis and the cost for that passed on to the person making that request.

Sounds simple and fair to me.

Certainly less complicated than holding paper files.

MissyP (Alabama)
Posts: 63
Posted:
What happened to CD's? Can't they provide the information on CD's for the owners to view and pay for? I would expect to pay for a CD copy especially with all the work involved in providing that option. Plus I would feel safer having it on CD so that if we changed MC we would have our own separate copies not depending on waiting on the MC to return or make them available.

Scanning old/new documents takes lots of time, effort, and the right equipment/skill. So if you don't have an MC, you have to find someone to volunteer or pay to scan in these documents. Plus have to buy the scanning equipment, CD's, and other necessary supplies if needed. I can see a fee for copies being charged then but should be equal to how much the HOA paid in their efforts. It should not be just a 'random number" pulled from the sky. It should reflect more to the actual expenses involved in reproduction. A HOA is a non-profit and this would just be a "set-off" cost from spending from it's budget. I would still use the dividing number of the overall costs by the number of members. Even if the other members never use or request the option. They all have equal rights to do it. Which means all of them at once could get together and request separate copies at once. It's about the fairest way I would charge for copies even with hard copies.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Simply ask for copies of the digital files. You dont need hard copies.

We also keep all our files digitally. As PDF. I can copy every HOA document on to a cd in 5 minutes for someone.
FredS7 (Arizona)
Posts: 927
Posted:
What Steve said. Digital makes it EASIER to provide copies not harder.

Unless, of course, you feel the need to black out parts of documents.

Real businesses (and a larger HOA should be run like this) have a disaster and backup plan. If all your documents are digital you would have multiple rotating backups with at least one always kept off-site.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
There is always a cost to everything. Even with digital records someone has to sit down at that keyboard and "find" what is requested and then output it to either paper or a CD.

In many cases information has to be sorted/reviewed/redacted so this will take even more time.

Try going most anywhere and requesting a copy of a public record. You will pay for such. Go after a copy of your birth certificate. Most will charge.

Most HOA record requests are done by someone looking to build a case. Rarely do they specifically know what they want. Typical request is they want to look at it all. Rarely is it a simple request like copies of last year's minutes, last year's year end financial report.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By JohnC46 on 02/05/2014 7:36 AM
There is always a cost to everything. Even with digital records someone has to sit down at that keyboard and "find" what is requested and then output it to either paper or a CD.


Depends on how its organized. I keep every PDF in a single folder, with sub folders. I simply need to copy that one root folder and I'm done. There is no need to me to "find" anything. If that person wants a particular document, its on the CD.... somewhere. Let them "find" it on their own time.
LarryB13 (Arizona)
Posts: 4,099
Posted:
The website for my association posts pdf's of every document and any member may access it at anytime without charge. The actual scanning and posting is done by our management company as part of their contract.
RichardP13 (California)
Posts: 1,767
Posted:
I will echo what Steve and Larry have said.

Having started a management company within the past year, it was imperative that I start with the best of technology right from the word go. So I made sure I had the best HOA software where digitized files flow effortless.

Every document that comes into my company is scanned as soon as it comes in. Each client has two main folders on a server. One for legal docs, delinquencies, litigation, executive minutes and so on, while the other is general for everything else. Each client is provided a website, free of charge, either they maintain or we do.

During a transition period, each new associations files are reviewed and documents that need to be tossed are tossed, utilizing a sound record retention policy. After that, all files are scanned and organized, one time. The rest is routine maintenance.

If a homeowner asks for records, they either have the website and if that doesn't suffice, then a ten cent CD is burned, with all the general folder information, and either mailed or dropped off at a meeting.
FrankS10 (Kansas)
Posts: 276
Posted:
Kudos Richard! Transparency, complete. Anything less is a sham.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Electronic (digitized) files are typically allowed to be maintained provided that they are able to be reproduced into hard copies (printed). I prefer pdf files when digitizing.

If they are digitized, then the files are easily e-mailed to any requester.

Your Association should have adopted a file retention policy. If not, they should adopt one now. Ours has us keep hard copies for 3 years and digitized copies forever.
JoK2 (California)
Posts: 198
Posted:
I agree that having a digital copy is the easy way, however, based on IRS requiring hard copies for 7 years would have me think that scanning them is one thing, but destroying them is another.

CAI says "Recognize the original records, files and books held by the Manager are the property of the client to be returned to the client at the end of the Manager’s engagement; maintain the duty of confidentiality to all current and former clients."

And in the case of the manager saying we can't see them because he scanned them into his "secure" PC, well, that doesn't sit right either.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JoK2 on 02/05/2014 2:40 PM

however, based on IRS requiring hard copies for 7 years would have me think that scanning them is one thing, but destroying them is another.

Actually, the IRS recommends different retention requirements based on what was filed.

See: IRS web page for businesses: How long should I keep records?

JoK2 (California)
Posts: 198
Posted:
Quote:
Posted By TimB4 on 02/05/2014 3:11 PM
Posted By JoK2 on 02/05/2014 2:40 PM

however, based on IRS requiring hard copies for 7 years would have me think that scanning them is one thing, but destroying them is another.


Actually, the IRS recommends different retention requirements based on what was filed.

See: IRS web page for businesses: How long should I keep records?


Thank You for the link Tim, and I've read it several times, but do not see any of the items that pertain to the HOA records. I will do some more research to find the specific answers. A quick search found other states saying 7 years for financial and longer for improvement applications etc.

I just looovveee reading the MD Code for Corporations!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jo,

I was referring to your comment about the IRS requirement of 7 years.

The IRS won't address anything about HOA records. That page I provided a link to addresses record retention for corporations (as they pertain to the IRS). COA/HOA's are also (typically) incorporated. Therefore, they should comply with the IRS requirements for their financial records which, depending on the issue, has time frames from 2 years to indefinite.

Please note, even on that page from the IRS it says:

"When your records are no longer needed for tax purposes, do not discard them until you check to see if you have to keep them longer for other purposes. "

The BBB has a pretty good list of time frames.
See: How Long Do You Need To Keep Specific Documents?

As always, check applicable State statutes (COA/HOA and corporate) to see if your State has any specifications on records retention.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
And in the case of the manager saying we can't see them because he scanned them into his "secure" PC, well, that doesn't sit right either.


Yep. If I were a board member, I would have a long conversation about digital files. What happens if his company goes under, dissolves, he dies, or we part ways. The HOA would need its digital files, and on top of that, I would want backups of all these files starting now. I would never leave all my paper documents (digital or paper) with one vendor with no backups. That is insane.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MissyP on 02/05/2014 5:57 AM
What happened to CD's? Can't they provide the information on CD's for the owners to view and pay for? I would expect to pay for a CD copy especially with all the work involved in providing that option. Plus I would feel safer having it on CD so that if we changed MC we would have our own separate copies not depending on waiting on the MC to return or make them available.

CDs can also get expensive and they don't last as long as one might think. A few years ago, I attended a seminar on document retention sponsored by our state library and learned the average CD lasts about 5 years on average. If you want the type that can keep things forever and a day, there are CDs that last about 20-50 years, but they're expensive and you usually have to special order them (not something you'd see at the typical Radio Shack or similar store).

He also said that despite CDs, flash drives and even cloud computing, it seems we're generating more paper copies than ever because people like holding something in their hands (so much for technology - remember when all of this was supposed to render us a paperless society?!)

I like the idea most of you have suggested -put the documents on a website and let people download them as needed. If you need more than that, perhaps the homeowner could either provide his/her own CD (if they prefer to use that) or a flash drive

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SheliaH on 02/06/2014 9:35 AM

He also said that despite CDs, flash drives and even cloud computing, it seems we're generating more paper copies than ever because people like holding something in their hands (so much for technology - remember when all of this was supposed to render us a paperless society?!)

The only thing a paperless society concept did was pass the printing costs onto the end user.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Allow me to play the Devil's Advocate here.

First, I truly believe that all records/information should be available to each and every owner.

Allow me to repeat myself:

First, I truly believe that all records/information should be available to each and every owner.

The question becomes what does it cost to provide such?

It is not simply the cost of a CD.

It is not simply provide all "digital" copies of everything.

There are costs involved. All I am saying, is associations deserve to recover their cost (whatever they be) to provide such.

Hell yes, provide all to all. Feel Good Point #1.

Do not look at cost. Stupid Point #1.

Simply a cost issue to me.

RichardP13 (California)
Posts: 1,767
Posted:
I tried the Devil's Advocate once with my wife and that didn't end well.

I can have a complete association's files burned to a CD in ten minutes, less for a usb thumb drive.

I really think the issue here is not cost, but transparency. I don't think either HOA's or Management Companies want someone they don't have control over looking over their shoulder.

My belief is that any costs that a homeowner may have to pay to see records should be disclosed to them during the home buying process.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
It is not simply the cost of a CD.


Yes, it is simply the cost of 1 cd. $0.59 cents

If a mgmt company or HOA cannot burn a cd with all HOA records in 5 minutes, they are doing it wrong. They have no idea how to manage digital records and must learn or be taught the correct way.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By JohnC46 on 02/06/2014 6:23 PM
Allow me to play the Devil's Advocate here.

First, I truly believe that all records/information should be available to each and every owner.

Allow me to repeat myself:

First, I truly believe that all records/information should be available to each and every owner.

The question becomes what does it cost to provide such?

It is not simply the cost of a CD.

It is not simply provide all "digital" copies of everything.

There are costs involved. All I am saying, is associations deserve to recover their cost (whatever they be) to provide such.

Hell yes, provide all to all. Feel Good Point #1.

Do not look at cost. Stupid Point #1.

Simply a cost issue to me.


The HOA should provide any documentation and current financial statements, free of charge within a reasonable time, to its dues paying investors. Yes, it's a cost issues.....a cost of doing business issue.

But, as we ride this ride again, deep archival sorting and retrieval (greater than 12 months) would be a burden worth charging a fee. It seems half the people posting here about documents access want current information with the others "carpet bombing" for information to see what's in the filing cabinet.

Regarding digital copies. YES YES YES YES. HOAs are not THAT bureaucratically cumbersome as to not access documents.

ErikaC (Virginia)
Posts: 12
Posted:
Digital is definitely the way to go.

Might I suggest that any HOA's planning to go "all digital" that you seriously consider adopting a "watermarking" policy for your documents. Our HOA uses the following watermark on our documents: "confidential, property of _____hoa, not for public distribution. Document requested by _____homeowner zxy date"

That way our HOA knows our documents are somewhat safe and it would discourage a homeowner from posting the private records of the HOA on a public website.

JoK2 (California)
Posts: 198
Posted:
Quote:
Posted By SteveM9 on 02/06/2014 7:01 AM
And in the case of the manager saying we can't see them because he scanned them into his "secure" PC, well, that doesn't sit right either.


Yep. If I were a board member, I would have a long conversation about digital files. What happens if his company goes under, dissolves, he dies, or we part ways. The HOA would need its digital files, and on top of that, I would want backups of all these files starting now. I would never leave all my paper documents (digital or paper) with one vendor with no backups. That is insane.

After some consideration of everyone's thoughts, a discussion and more importantly specific written policy in the contract with the PM should state what the HOA decides is best for them. And I would guess that we aren't the only ones who haven't thought of this in the digital age.

An HOA that is less than fifty homes is not so cumbersome than one of six hundred. Our amount of filing would be about 1/2 of a typical filing cabinent. The PM can put stipulate that if the HOA chooses to keep a hard copy, they can provide a secure storage, off site, for an additional fee. That fee would include the overhead to retrieve said hard copy, but a digital could be free, and as well who is scanning etc.

So the question at the end of the day for a board would/should/could be, "Do you want to be the one to make a decision to destroy them when 46 other people technically own them as well?" Again, easier said than done for small HOA's, and it could become a necessary choice to toss for a bigger one.

Thanks! We will keep them for Board of 2045 to decide. :>)

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