How long should we wait?

You're attorney is incorrect. You most certainly can do something.

Have the attorney draft a letter to the treasurer asking for the following:

To ensure a timely transition of the day-to-day operations of the XXXXX Homeowners Association, please consider this official notice to provide the following documents and materials to this office within 5 business days of receipt of this letter:

All electronic and/or paper reports, transactions, records, or notes related to the financial operation of the XXX Homeowners Association.

All required signature cards for transition of bank authorizations.

Any and all copies, electronic or otherwise, of invoices, statements, or files relating to accounts payable or accounts receivable for the XXXX Homeowners Association.

Any and all copies, electronic or otherwise, of cancelled checks, deposit slips, and/or bank statements of any kind belonging to the Association.

Any and all copies, electronic or otherwise, of all tax returns or related documents filed on behalf of the Association.

Any and all copies, electronic or otherwise, of documents relating to any liens filed on behalf of the Association.

Failure to comply with the above requests could result in a lawsuit filed on behalf of the association to retrieve the above, which is not the personal property of former officers but the legal property of the Association.

All electronic material is to be supplied on either a computer disk or flash drive.

All material and documents requested are to be delivered to this office.

Please call if you have any questions.

[Attorney's name and contact info here]

We had a treasurer who did the same thing. We received the materials within 2 days.

By the way, since the bank account was set up for the Association, you do not need to have them sign the bank card. Simply take a copy of the minutes that show you are now the president and whoever is the treasurer and a copy of your by-laws to the bank. They should be able to transition the signature card that way. But you will need to go and meet with them in person.

Whatever you do, you need to ensure that the bank NOT accept any more checks with their signatures dated after the date of the election.

I agree with Michele "You're attorney is incorrect. You most certainly can do something." Why are you even using an attoney when there are cheaper and more effective means of getting what you need?

In Colorado banks accept checks with only one signature and that signature must be on the signature form. With regard to changing the signature authorization form, call your bank to see what they require. New signature forms can be obtained and often will be accepted when official minutes and copies of the new signee's drivers license are provided.

Any copies of past bank documents can be obtained from the bank and fincials can be reconstructed. I know because once I had to reconstruct all of the financials when the previous MC refused to give the HOA their documents.

Melissa: I would not want to have the bank have signatories on the card who are not eligible to sign checks.

It's just as easy to get them removed with a copy of the minutes and by-laws.

Especially since, in this case, the association is concerned about misappropriate of funds to begin with.