If the Treasurer will not allow you to see the financial records

Where are your other BOD? If our treasurer acted that way our board would remove her from her position and would get financials back from her.

Wow. I don't know what kind of community or homeowners association you have, but this is highly irregular. Does your Association have By-Laws that set the number of board members and the election process? Check with your secretary of state, you should be able to get a copy there. If you can get them, hold an election, and get new board members in. Even if you can only get one or two additional people on the board, you should really try to do that.

Even if you don't I would highly recommend you locate an attorney and see what can be done from a legal point of view. You are all members of the association and ALL association records should be available for review.

Now, we don't normally open the books for any resident "on demand," because that would be unreasonable to set up and schedule. But we do set appointments if they insist. We usually try to let them review our monthly budget documents first though. That usually satisfies them.

Audits are not always necessary for HOAs. Our organization has 275 residents and we collect $150 a year. Our community doesn't incur a lot of transactions in the course of a year, so an annual audit, which can cost in the thousands, is not necessary nor cost effective.

We DO however have to file taxes every year. Even if you are a Non_Profit, you are still required to FILE. Doesn't mean you pay anything, it's just a reporting mechanism. We DO hire a CPA to do that in order to satisfy the idea that an outside party is reviewing our transactions on an annual basis. If anything odd turns up, that is when it will occur.

Good luck to you.

We live in Virginia. Our treasurer has not given a complete financial report for 5 years. Not one dispirsment listed. Certified letters have been sent. In Virginia there is very little we can do. If we sue the most we can get is the salary of the board members and they are volunteers. We have an annual meeting on Sunday and we plan to push the issue. We are a small(42 lots) HOA and most of the property owners don't want to accuse someone of mismanagement, but it's getting to the point where people are starting to ask what we can do. The BOD has a policy of standing together no matter what. We have been told that it's something they must do.
Good luck, let us know what happens.
Maryb

I asked this. Treasurer presents annual report. A "Trial Balance". Means nothing to me. He is a CPA. That means nothing to me also. He accepts no emails or phone calls. I heard Pres is working on collecting past dues. I can't find out anything. What can you do? Jack Tucker 865-357-4827 [email protected]

NORMA G What could you have done and not hired a lawyer?

Jack Tucker
[email protected]

When the President tells you she doesn't want to hear about my request again over what is being done to collect past HOA dues,(If there is any), what can you do? How can you "make" the treasurer produce documents? I do not find where the Decleration of Restrictions says you can't view the documents.

If I remember correctly you also said you were having trouble getting elections. Even if your state has no HOA/POA regulations they do have to follow state laws. First go to the link below and find your articles of incorporation to see how you are incorporated. There are also Federal laws on financial disclosure. If they are breaking a state or fedral law you don't need an atty your court clerk will tell you how to file. Also did you say there are only 2 board members? Read what Ohio laws says after the link. Now if for some unheard of reason they have never filed articles get a group togeather and form a corp and file em!

http://www1.sos.state.oh.us/portal/page_pageid=93,58490,93_58504&_dad=portal&_schema=PORTAL

http://codes.ohio.gov/orc/1702
(1) The number of directors as fixed by the articles or the regulations shall be not less than three or, if not so fixed, the number shall be three, except that if there are only one or two members of the corporation, the number of directors may be less than three but not less than the number of members.

1702.28 Term and classification of directors.
(A) Unless the articles or the regulations provide for a different term, each director shall hold office until the next annual meeting of voting members and until the director’s successor is elected, or until the director’s earlier resignation, removal from office, or death.
(B) The articles or the regulations may provide for the classification of directors into classes and that the terms of office of the several classes need not be uniform.

Another place to get your governing documents is through the title companies. In our state when someone purchases one of the properties in our HOA the title company has to give the new owners the current governing documents registered with the County.

Chris, that is not true. They should not be offered but must be shown in the event they are requested. Quite a few states require the Association to provide copies of records at the request of the owners. There is no mention of exclusions and there have been court cases to back that up. As a member you are entitled to the records of the Association, at a minimal cost.