Redundant requests

I just took over an association. The old manager quit because of a troubled person. He was just given every document he wanted on 12/18. Now he wants them again going back ten years. Is he entitled? What can be done about people that requests docs just to be adversarial. Chicago

Typically, the member has a right to review, and must pay for copies.
Verify this by checking applicable statutes (property and corporate).

We digitized our documents and have them online for members.
This drastically cut down the requests we were getting.

if you're some kind of certified property manager, I think you should know the laws in your state re: this topic, william.

I have no idea what IL law requires, but this is how Florida law works. Members have the right to inspect and copy records, there is no requirement to send them on request. The member can copy themselves for free (cell phone pictures, for example), but if the association has copying equipment available, they can charge a reasonable fee per page.

He is entitled to at least some of these records.

If you live at a HOA, then the HOA is subject to 765 ILCS 160 and anything your governing documents (Declaration, Bylaws, etc.) say about records inspection. In a nutshell, the HOA has to provide the following on a weekday during reasonable hours and within 30 days of the request, and with the HOA allowed to charge a reasonable fee for retrieving the records and making copies (if copies are requested):
-- Governing documents
-- Minutes going back not less than seven years. That is, Minutes that are 7 years and one day old and older may be destroyed, per Illinois law.
-- with a written statement of proper purpose, ballots and proxies. Ballots and proxies muse be held at least one year. That is, Ballots and proxies one year and one day old and older may be destroyed.
-- with a written statement of proper purpose, records that the Illinois not for profit corporation act, section 107.75, specifies.
See http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3273&ChapterID=62

Illinois's condominium act seems to say almost exactly the same. See http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapterID=62

For the Illinois not for profit corporation act, see http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3273&ChapterID=62 . Section 107.75 allows incorporated HOA members to see: "books and records of account and minutes, and to make extracts therefrom, but only for a proper purpose. In order to exercise this right, a voting member must make written demand upon the corporation, stating with particularity the records sought to be examined and the purpose therefore."

Are you living at a condominium or HOA?

I think it's important that boards do not waste time speculating on motive. If the member gives a proper purpose where needed, I would support just giving him the records. Do not be frivolous about the fees. If the older records are in storage, then the fee should be higher et cetera, due to the cost of management digging them out.

One of the biggest complaints about HOAs and condominiums is a failure to provide access to records that members legally are allowed. Afaic, Boards who either resist providing records or wait for a lawsuit to be filed are all about being opaque. Members have legal rights. Don't mess with these.

You didn't say if you were the manager or a board member, so....

If you're a manager, you should remind the man he's already received the last X number of years (what he did with them after that is his issue). If he's already received the last 7 years for example, you may have to provide the remaining three. If you haven't already done so, calculate how much this will cost. This should include printing and the costs of retrieving the old stuff out of storage. I would think that will mean someone will have to go to where the stuff is kept, go to the appropriate file boxes, find the documents pull them, photocopy them, put the originals back where they belong and then organize them so all documents for each year are together. Tell the man this is what it will cost and if he squawks, talk to the board and see what it wants to do next, giving them the same information.

If you're a member, call the man in and ask him what he's concerned about, as others have suggested. Some people will ask for mounds of stuff but have no idea what they're looking at, so they assume if there's a document or two (or more) they don't understand, there must be some sort of conspiracy afoot.

Hopefully, the man is specific (dates and specific documents that concern him is what I'm talking about, not a generalized statement of gibberish). You can then address these issues, but if he still insists on the documents, give him an itemized invoice and tell him when he pays it, he'll get the documents. If not, he won't. Be sure to document all of this.

The man may then threaten to sue - let him. You, of course, will have documented all you and the property manager did, and then he can explain to the judge why he needs all this stuff again (that may include whatever's bugging him about them) and then the judge will decide. It's not like you're refusing to comply, he's refusing to pay

By the way, if you don't already have one, this may be a good time to create a policy regarding document requests and a retention/storage policy. Take to your association insurance company and attorney for tips on drafting it so you're compliant with state and federal law as necessary. Once you have the policy in place, you can vote to adopt it via a formal motion at an open board meeting and then send a copy of the policy to homeowners, as well as post it on your website, if you have one. Have fun!

Then it's time for the board to step in, but I wouldn't be surprised if they don't want to bother with him either ("hey, we have a property manager for that!") In which case, all you can do is keep charging him printing, postage and related expenses - it's a pain in the ass, but if he has the money and time to read through all this stuff, there's nothing you can do.

If, however, this is beginning to interfere with your ability to provide good service to this client and others, you may need to bring in your supervisor, if you have one, and both of you may need to meet with the board about this guy. Don't make it personal, although it's true some people are buttholes and board members won't stand up to them (that's what they pay the property manager for!). You can ask them for help, reminding them the man's behavior has already run off three property manager and if this continues, you may be the fourth.