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TinaF3 (Illinois)
Posts: 4
Posted:
I just sold my condo in Illinois. I had issues with the HOA while I was living there because they were secretive about things. They did not submit any newsletters or emails to keep condo owners up-to-date on what was going on. We only had 2 board meetings in the 3 years that I was living there even though we were supposed to have 4 every year. I did not know who any of the board members were with the exception of the secretary. I was not even given an official address to send payments or requests to. We paid our dues by placing a money order or check in a mailbox in the basement.

When I accepted an offer from a prospective buyer in February. They ended up not purchasing my condo due to the hot water pressure being too low and the rental restrictions. The hot water pressure problem was due to the pipes needing to be changed. When I asked the HOA if the problem could be fixed, they said they could not fix it because they did not have enough money to do so. After finding this out and combining this information with what I had already known about how the HOA was being ran, I decided to do a little investigation to see how the finances were being managed.

I requested copies of the financial records and several other documents for the last 10 years so I could review them to find out how to funds had been being managed in the past. The secretary, which is who I requested the documents from, emailed me back after I made the request telling me to not contact her anymore. She alleged I kept contacting her while she was at work. This may have been true but I was only doing so because she never told me the times that she worked. I don't know her personally and I never have been disrespectful towards her when I called her for anything. So, I could not understand why she got so angry. Anytime I would try to contact her after that, she would not respond so I stopped contacting her. She would only respond to my attorney that I was working with to sell my house even though the documents that I was requesting from the HOA had nothing to do with selling my house. I was requesting the documents for myself. I always have been a firm believer that people who don't have anything to hide don't try to hide anything. I am not saying the board members are stealing any money but I have reason to believe something unethical is going on.

I ended up selling my condo a few days ago. The HOA provided my attorney with some financial documents that my attorney had requested for the sale. However, I felt that the information that the financial report provided was vague. It could have been created by anyone who knows how to use Excel. I wanted to see bank statements, audit reports, and documents that I feel are more concrete evidence. Even though I no longer live there, I don’t want to allow the HOA to get away with behaving this way. If I do, that gives them permission to continue to stonewalling people who request information from them.

Based on my narrative, what do you think I should do? Can I legally still request financial documents being that I no longer live there? Am I only able to request documents for the period of time in which I lived there? Please let me know I can do.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Your no longer a member nor owner. You don't qualify for this request anymore. The new owner can do this. Wash your hands of this. What do you think your going to do sue them? Too late. Your out and count yourself lucky the place sold.

Former HOA President
TimB4 (Tennessee)
Posts: 21,061
Posted:
Tina,

As Melissa pointed out, you have sold your condo and thus are no longer a member of the Association.
Since you are not a member, you have no standing to request documents.
TinaF3 (Illinois)
Posts: 4
Posted:
Not even for the years that I paid assessments?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What does it matter? You are NOT a member. Which disqualifies you from suing them for any past actions. If that is your intent. Your not going to get any money back. Once you signed that sales contract you are a complete stranger to the HOA. It's like your walking by and saying "Nice place. Can I have all your records now please?". HOA response? "Uh no. Your not a member nor are you a buyer".

Let it go. It's done. You got what you wanted. Out of the HOA.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 03/16/2017 5:53 PM
Tina,

As Melissa pointed out, you have sold your condo and thus are no longer a member of the Association.
Since you are not a member, you have no standing to request documents.

I agree. It is water over the dam.
KerryL1 (California)
Posts: 14,550
Posted:
In any case, Tina, HOAs generally don't have to supply 10 years of docs even to current owners. In CA, for instance, it's 2 years plus the months in the current year (exceptions are meeting minutes).

But I agree with others they don't have to give you anything. You could go to court, I suppose, but would have to hire an attorney and would b limited to how far you could go back. And I don't know what you'd want anyway. But neither Melissa nor I are attorneys.

Move on...
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By TinaF3 I just sold my condo in Illinois. . . I ended up selling my condo a few days ago. . . . Please let me know I can do.

TinaF3 ILL 1- If you want to keep looking in the rearview mirror, respectfully you need to track down whatever your jurisdiction legislates to compel disclosure to non-owners/non-stakekholders ( eg if a non-owner has a right to purchase estoppelling type disclosure certificates, as legislated in my own jurisdiction .)

2 - Proving LOSS : If you want to seek recovery for loss of value due to mis-governance or whatever, respectfully you should best start assembling data & hire expertise to meet your huge onus of proving a difference between your eventual sale price & what you re able to persuade the legal system to hold is what it should have sold in a mythical universe.

Some adjudicators/some jurisdictions effectively bar 'rearguard' claims. Or effectively erect such barriers that such claims do not add to caseloads in congested courts.

3 - Essentially the good advice from other commenters above suggests that barring serious criminal collusion etc you are best not to waste much time on the specific ex-community's governance shortcomings. But nothing stops you from general advocacy that avoids defamatory civil exposure.
PitA
Posts: 1,416
Posted:
Can I still request documents if I don't live there anymore?


Yes, you can REQUEST said documents.

However, as you are no longer a member with any vested interest (you have DIvested yourself by selling) you most likely will NOT get any.

Nor is the HOA (barring a court order or state law) required to supply same.

BUT

You already knew this.

TinaF3 (Illinois)
Posts: 4
Posted:


I would like to thank everyone except BobD4 for their responses.

Bob, I have no idea what you are trying to say. You should try to articulate yourself by using layman's vocabulary like . your explanation sounds mythic..... Lol.
TinaF3 (Illinois)
Posts: 4
Posted:

Posted By TinaF3 on 3/20/2017 12:02:46 PM
Subject: RE: Can I still request documents if I don't live there anymore?
Message:

I would like to thank everyone except BobD4 for their responses.

Bob, I have no idea what you are trying to say. You should try to articulate yourself by using layman's terms and vocabulary like everyone else did in their responses . your explanation sounds "mythical"..... Lol.
PitA
Posts: 1,416
Posted:
he said the same thing i did

merely in pig-pen-legalese

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