Right to Inspect Certain HOA Report??

Started by KerryL1 • 10 replies • 751 views

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KerryL1 (California)
Posts: 14,550

Posted:

Owners in all CA Common Interest Developments (CIDs) like detached home or condo Associations have the right to get copies of many documents. but I can't determine if the following applies. I am on the board.

We contracted to have a architectural firm evaluate a certain percent of exterior common area. Let's say roofs. The contract states they will write opinions of their findings complete with photos. Their evaluation includes a description about the general condition of this common area. And it includes their recommendations for repairs.

They completed their written evaluation and presented their findings to the board in executive session. This was the last aspect of our contract with them.

I know that any owner may legally have a copy of the contract with them.

But what about their actual report?? I can't seem to to find info about that.

BarbaraB10 (California)
Posts: 117

Posted:

HI Kerry

If the "report" is considered a proposal, then no - it does not seem to be open to member inspection in my opinion. More experienced posters may have a different opinion, especially RichardP13.

There are many valid points at the d-s website in this link >>> https://www.davis-stirling.com/HOME/Contract-Formation

KerryL1 (California)
Posts: 14,550

Posted:

Thanks Barbara, I've combed D-S.com backwards & forwards, and read the actual legislation, Civil 5200(a). I do know Owners do not have access to proposals until executed.

This is specifically an "evaluation" report by a disinterested 3rd party who has nothing to gain from their findings. WE paid them about $3,500 to conduct the evaluation. The other firm I noted is a contractor and probably the one we'll accept for the project. Since we don't yet have an executed contract with them, I know Owners may not read their inspection findings.

BarbaraB10 (California)
Posts: 117

Posted:

Is this evaluation a reserve study?

If yes then you know the reserve study ought to be available for inspection & copying.

Glad to see you perform due diligence.

RichardP13 (California)
Posts: 3,868

Posted:

Yes, it should be made available IF it is part of a contract executed by the Board.

KerryL1 (California)
Posts: 14,550

Posted:

It's not a reserve study or part of one. There is, for instance, no estimated replacement cost in this evaluation, remaining useful life, etc.

Your reply, Richard, makes sense to me. Nowhere in their evaluation or contract are there any words that say the evaluation--the final product-- is confidential or privileged information.

In fact, because the senior partner is both an architect and an attorney, we signed a clause affirming that we understand that there is no attorney-client relationship between our HOA and his firm.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

To me it's like asking for pictures of a car accident when a claim is put in. Do you really need to see the accident pictures? The insurance has already processed it's paperwork based on replacement costs/damages.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Per our contract with them, the firm did a filed evaluation of one of our major structural elements. Its condition could not be grasped by any layperson Owner or directors without their report and pics.

With Richard, I'm feeling pretty certain, but not 100%, that Owners may request it be emailed to them.

Say, Richard, is there anything you can cite for me that confirms Owners' ability to inspect and have this evaluation? I'll understand if there isn't.

GuyM1 (Ohio)
Posts: 318

Posted:

Why would you want to keep it away from owners? If you weren't on the board would you want to see it and believe you would have a right to it?

If you paid for this evaluation which I think you did say you did then the report should be available to the owners.

Contracts with the contractors that aren't finalized shouldn't be given out but once finalized every member has a right to see the contracts.

Transparency is the best for all!

KerryL1 (California)
Posts: 14,550

Posted:

Thanks, Guy. It's the opposite, I DO want owners to have the opportunity to read the evaluation & see the pics if they wish. Just one reason is that the findings relate to a very large expenditure of funds from reserves.

When some of us "took over" the board via a proper election several years ago, it was due to the previous board's secrecy & arrogance. Now, and tragically to me, the current board is becoming more and more secretive and arrogant.

It seems to be legal to permit owners to have the evaluation in CA. Richard, a property mgr. here, assures me it's OK too. But it's probably a leal question and I don't want o spend $250 to ask an HOA attorney.

GuyM1 (Ohio)
Posts: 318

Posted:

Sorry didn't mean you but the other board members.

This is what causes a lawsuit and other problems!

Was the report paid for? If so then it should be given to all.

One way or the other these things on the report must be taken care of. Why would they want to hide it? again not you.

To me, this would fall under the duty of loyalty and care to the owners.

Here's something else all the board members are members of the association and they have it!

Good Luck!

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