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JamesO6 (Florida)
Posts: 170
Posted:
Just checking before seeking a Lawyer, can a Non HOA member in the community that's not in their HO; review the boards minutes as what's been going on. or ask for a copy of it? or even their books? Thanks.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Confused in your statement "Not in their HO". What does that mean? A non member has no need to know this information and can be denied. The exception would be if the owner gives them permission through conservatiship. Where someone has authority to act on the HO's behalf.

Non-HOA members include: Renters, spouses not on the title, potential buyers, and anyone who does NOT own the home. Sometimes HOA's do give information to potential buyers upon request if they choose to. It's NOT required. The seller is to give a copy of the rules to their buyer and NOT HOA. Once they buy, then the HOA can give over the records. Once they buy, they are a member. That's the rule of thumb I use.

Former HOA President
CyrstalB (Maryland)
Posts: 457
Posted:
Your State regulates whether or not you have to give a potential buyer any information and if they do require it, it will spell out what information is required to pass on.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am not nor do I play a lawyer.

James

Why do you want copies?

Basically, a non-owner has no rights to the documents of an HOA.

That said, were I trying to sell my unit, I personally would make anything available that a potential buyer wanted.

The only way I could see a non-owner getting records would be as part of a legal action such as during the discovery phase.

JohnB26 (South Carolina)
Posts: 1,001
Posted:
blah blah blah

the answer is NO
GlenL (Ohio)
Posts: 5,491
Posted:
If you read Jame's other thread: Can there be 2 HOA's in 1 community - http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/178664/view/topic/Default.aspx

He claims to have been left out of the first HOA due to a clerical error and that the Phase II HOA is attempting once again to force the Phase I members to join but is reluctant to pony up any cash for an attorney but would rather gather his info from the internet. Now it would seem that he is on an intelligence gathering mission to find out what the Phase II'ers are up to and no you are not entitled to their meeting minutes until a lawsuit at which time they are probably open to discovery.

Studies show that 5 out of 4 people have problems with fractions
JamesO6 (Florida)
Posts: 170
Posted:
Blah Blah Blah answer is simple, were not part of their community HOA, their trying to weasel their way and get us to join there socialistic Gulag association, there said it a socialistic gulag association. that's what a HOA is a failing socialistic gulag encampment experiment that they just bankrupt and screw homeowners assets from and take their houses for a $100 lien while their in their 80's and hospitalized and don't know what's going on and try to come home only to find those goose stepping HOA Nazi's took their home while they were in the hospital for 9 months.

Well is that the answer your looking for?? Just a example don't have a cow. geezee.

Blah Blah Blah, please if you offend expect someone to sling that crap right back at you.
JamesO6 (Florida)
Posts: 170
Posted:
Well don't need their minutes their own HOA deed restrictions covers it anyways. just looking for what if's if they try a work around, goanna let them waste their HOA assets and then get a lawyer. by the time they try anything that HOA will not have anything to even try anything anyways. just wanted to see if it's a conspiracy need to prove that management company and the HOA are both involved. doesn't matter, that HOA monthly dues are going to go to the moon when this is done.
JamesO6 (Florida)
Posts: 170
Posted:
Discovery??? probably figured out my now, under the influence around this time of night like 5 hours ago even. don't much of a discovery material. actually would be legally discounted as such. 99% of what was said was based on speculations only not facts. Sorry Charlie.
JamesO6 (Florida)
Posts: 170
Posted:
wait except direct quotes from their deed restrictions, those were facts
JamesO6 (Florida)
Posts: 170
Posted:
oh sorry thought the meeting minutes were a sling at me... Sorry apology warranted. yes then the minutes would be subjected to Discovery. sorry had a heated though when reading that.
ValerieS2 (Michigan)
Posts: 244
Posted:
Correct me if I am wrong but aren't those "second class citizens" (i.e. Renters, spouses not on the title etc.)expected to abide by the rules of the association as much as anyone else living there?

If they show an interest in educating themselves about what is going on with the community and the board by wanting to see the minutes, where is the harm? You want to deny someone because you CAN!?! Scary...and bad PR.
ValerieS2 (Michigan)
Posts: 244
Posted:
Correct me if I am wrong but aren't those "second class citizens" (i.e. Renters, spouses not on the title etc.)expected to abide by the rules of the association as much as anyone else living there?

If they show an interest in educating themselves about what is going on with the community and the board by wanting to see the minutes, where is the harm? You want to deny someone because you CAN!?! Scary...and bad PR.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It's complicated... Renters do not have to obey the HOA rules unless written to do so in their lease. Following HOA rules is CONDITION of the lease. If the renter violates the rules, then the OWNER is held responsible. The HOA punishes the OWNER/MEMBER. So it' in the best interest of the owner to educate and put the requirement in their rental agreement.

Is this always done? No. Most people use off the shelf do it yourself rental agreements. HOA's do not always require a review, copy, or require adhering to the HOA rules in the leases. It's not really the HOA's business as they can not evict a tenant. The owner would have to do that. Having the conditions of HOA rules violations makes it easier for the owner to evict or pass along fines they may incurred.

So yes, renters are "expected" to obey the HOA rules. Reality they don't really have to as those are not their rules. Their rules are in the RENTAL agreement they signed. The owner is to obey the rules.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Wow

The Gulag and Nazi card in one play. I think one has to become a bit more sophisticated in debating versus playing the simple cards.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ValerieS2 on 08/12/2014 5:02 AM

If they show an interest in educating themselves about what is going on with the community and the board by wanting to see the minutes, where is the harm?

In my opinion, there is none.

If a renter took the time to show up to a meeting, they would be welcomed.

If they wanted copies of our governing documents, we would point them to our website or provide a hard copy for a fee (as we would any member).

If they wanted to serve on a committee, we would welcome them.

If they wanted to serve on the Board, there is nothing in our governing documents preventing it but I would likely vote against them (only because they have no real financial stake in the development).

If they wanted a copy of our minutes, I would question why and perhaps deny them (it would depend on their response). However, I would also recommend that they ask their landlord, the member of the Association, to request copies and give them to them (as the Association can not deny the member access).
DavidD23 (Florida)
Posts: 8
Posted:
James glad to hear your response to the question, it brings some comedy into the discussion even though its totally stupid. But remember you can never fix stupid.
DavidD23 (Florida)
Posts: 8
Posted:
Sorry I think I commented on the wrong person who made the funny response to the question. Probably not James again I apologize if I offended the wrong person
JohnB26 (South Carolina)
Posts: 1,001
Posted:
non members of the corporation do NOT get to attend corporate meetings nor have access to corporate records UNLESS they hold a valid proxy or POA

the CC&Rs are public, not corporate, records

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