HOA Developer Controlled Dragging Feet on Providing Documents

Started by JosephB7 • 14 replies • 763 views

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JosephB7 (North Carolina)
Posts: 11

Posted:

I sent a letter to our HOA Board & their management company to provide documents pursuant to NC General Statutes 55A-16-02. HOA Board & management will not respond to request. My questions is can I petition or motion to compel through the Superior Court? Attempting to get this information before Developer turn over to owners which should be within the year.

Have made numerous requests with no reply
Board or management company will not answer the valid request
I can move this pro se
Not interested in wasting any additional time playing footsies with the Board.....I prefer to got for the throat

Any comments or guidance would be greatly appreciated.

The following is my letter for request.

August 2, 2018

Re: Inspection of records by members

Pursuant to North Carolina General Statutes 55A-16-02 please provide those documents of the XXXXXX Community Association, Inc. as described below on or about August 10, 2018.

This request is being submitted with respect to section(s) (c) (1),(2),(3) of § 55A-16-02; XXXXXXX Carolinas, LLC. as declarant & XXXXXXX Community Associations, Inc. Board of Directors failure to enforce certain covenants, conditions & restrictions of the community governed by XXXXXX Community Association, Inc. HOA.

Please provide the following records.

1. Lot owners official request(s), to include but not limited to any Architectural Review Form and any associated correspondence to the XXXXX Community Association, XXXXXX Management, XXXXXX Architectural Committee or any other XXXXXX Board of Directors to locate a fixed or moveable basketball apparatus (hoop, goal, pole, net) or associated fixtures (concrete slab, basketball area netting and or basketball area fencing on their property.) This request should also include any final correspondence to the lot owner from the XXXXXX Community Association, XXXXXX Management, XXXXXX Architectural Committee or any other XXXXXX Board of Director(s) approving or denying the request. The requested documents should include all correspondence from August 5, 2005 to present.

2. A list of lot owners’ (identified by lot number) who have received a Notice of Violation regarding the placement of a fixed or moveable basketball apparatus (hoop, goal, pole, net) or associated fixtures (concrete slab, basketball area netting and or basketball area fencing on their property) from August 5, 2005 to present.

3. A list of lot owners’ (identified by lot number) who have been fined by the XXXXXX Community Association, Inc. Board of Directors regarding the placement of a fixed or moveable basketball apparatus (hoop, goal, pole, net) or associated fixtures (concrete slab, basketball area netting and or basketball area fencing on their property) from August 5, 2005 to present.

Please let me know of a contact person that can present me with the information being requested. A preferred delivery of the requested documents would be electronically under .pdf format sent to XXXXXX

Regards,

CjC
Posts: 210

Posted:

Those are some interesting requests. I am not sure we would release those to members if we had been asked but we would have responded one way or another about it. There are plenty of times I have requested things from our management company and gotten a polite "You're not entitled to this" response.

JaredC (Texas)
Posts: 264

Posted:

This seems excessive. Isn't there a records retention limit in North Carolina like 5 years or 7 years?

JeffT2 (Iowa)
Posts: 880

Posted:

I looked very briefly at the statute (55A-16-02), which says you may inspect and copy records. As I understand it, they have an obligation to allow inspection of records at a reasonable location specified by the corporation. You make your own copies. I don't know about pdf's. They do not have to search for specific records and provide you with lists of the records you want. You have to do your own searches and make your own lists.

Since you are asking them to pull out specific records and make lists, they do not have to comply with your request. They should have responded to you, but they probably do not have to respond.

They may also say the records you requested cannot be released due to privacy concerns.

I think you need to rework your letter and try again. I hope you are successful. You might want to start by only requesting to inspect a few records that are simple and noncontroversial. If that works, then make a separate request for other records.

GenoS (Florida)
Posts: 4,276

Posted:

Depending on how long the association must retain its official records, everything you've asked for, Joseph, would be reasonable under Florida law and if such records exist you'd absolutely be entitled to see them. Not sure about North Carolina.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Generally, anything dealing with violations and enforcement activities is confidential. The board may be able to provide a count of the number of incidents and the number of positive or negative results of appeals, but you may not be able to draw any useful conclusions from the numbers and I would not release even that information without talking to our association attorney first.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By CathyA3 on 08/15/2018 1:19 PM
Generally, anything dealing with violations and enforcement activities is confidential.

Not in Florida.

JaredC (Texas)
Posts: 264

Posted:

Same here in Texas GenoS. Basically unless it deals with homeowner financial info then it's public.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Joseph

What happened to cause you to request these documents?

TimB4 (Tennessee)
Posts: 21,061

Posted:

Joseph,

A few comments about your request:

1) Per NC § 55A-16-02, you are entitled to inspect and make copies, not be provided copies. If you are provided copies, they can charge you for the copies (including the labor to locate, copy and redact). See NC § 55A-16-03

2) Under the North Carolina Planned Community Act, specifically § 47F-3-118, you are entitled to records about your lot. This would imply that the Association may withhold any records about lots other then your own. You may have to go to court to see if my interpretation is correct.

3) Be aware that per § 47F-1-108 if there is a conflict between the corporation act and the property act, the property act controls.

If it were my Association, as a board member I would recommend informing you of the number of basketball hoops approved but not provide any correspondence regarding the hoops. I would provide you a copy of the membership list but not provide you with who was fined or not fined. I also would not provide you with who has or has not been given notices regarding basketball hoops. I would base all of these denials on privacy concerns.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Tim's response is the best. I just wanted to add a "spin" to this. What if someone wanted this information from your lot? How would you feel about the MC/Developer giving someone information about your financial/violation status with the HOA? Basically your asking this. Are you comfortable with this handing over of information to a complete stranger?

Former HOA President

PaaN
Posts: 219

Posted:

Devil's Advocate statement:

NOT a complete stranger, but a fellow member of the association.

KerryL1 (California)
Posts: 14,550

Posted:

I'm with Tim too: "If it were my Association, as a board member I would recommend informing you of the number of basketball hoops approved but not provide any correspondence regarding the hoops. I would provide you a copy of the membership list but not provide you with who was fined or not fined. I also would not provide you with who has or has not been given notices regarding basketball hoops. I would base all of these denials on privacy concerns."

That's what our board and property management would do too and we would be in compliance with CA Civil code about HOAs, which generally are considered very owner friendly.

SueW6 (Michigan)
Posts: 814

Posted:

Joseph - is this a complex still Developer controlled?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Did you send that letter “Certified Return Receipt”? If you went to Court due to not receiving information how can you prove they received your letter or request for the information? Always CYA and send in a manner where you can prove someone signed and received what was sent. If you do not then potentially the developer will tend to ignore and potentially state they never received.

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