HOA Record Retention Policy

Started by WillD • 4 replies • 3266 views

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WillD (California)
Posts: 14

Posted:

While I realize record retention policies can vary state to state, I would like some point of view regarding this situation.

The HOA has a CAM from a management company that offers no management tracking tools. Email is as sophisticated as they get. We are still under developer control and I know that our CAM relies on email and verbal communication only for complaints and such. What she does with this information is unknown. The only items that are "documented" are in the form of email (having to do with day-to-day business) Since we do not own the email and the management co. is very vague about their record retention policy, should we be concered? (I feel sick to my stomach that we should). This means that every time some complained about a construction defect, it is eventually purged from their email history.

The other hoas that I belong to have wonderful ticketing and project management software that illustrates day-to-day business.

Any suggestions? Should the cam be using and email account issued by the hoa? I am at a loss as what is appropriate.

Many thanks.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

WillD, If all is true you have cause for concern. on second thought, you should be concerned, period.

There are some holes in the information you have submitted but enough is there to warrent so actions on the Home Owners Part. Sure, you elct a BOD and apparantly have a Management company and a CAM. Problem may be communication, who knows and you have an absolute right to know and have your Manager and Management Co and Board to respond to your concerns.
It becomes a matter of how bad you want this information. As mentioned here before you can recall the Board. Check you CC&r's. But first, propose and keep records of inquires to the Board abount your concerns. You elected the Board, you have the power over them. You will need a power base to make your position strong enough to move board. Bring your issues up in a Board meeting and get your questions included in the minutes. Record and record keep of all you do becomes power at some point, done right. Two owners are better than one, and three owners, etc, etc.
Get some kind of communication started, be persistant and ask for very specific answers. You and the rest of the owners should always feel and establish in your association that all owners have and demand open access to the Board, and response by writing from the Board. There is an e-mail capability in Outlook Express that provide to the sender a notice that the e-mail being sent is delivered. You might consider this feature.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I know you don't have a board yet but you probable have some folks appointed on a transition Board. Make them reply in writing, it will be good amunition when the property is turned over, because it sounds like that is not going to be an easy transition.

WillD (California)
Posts: 14

Posted:

We have a board. One resident homeowner, the declarant and an investor who conducts himself as though he is also a declarant (but was voted into office). This is my concern. No paper trail, no evidence.

Voting the investor "off the island" requires a certain number of votes and the people who own in our community live all over the world. This is also a problem. We are stuck with this person for another year and the one resident board member (with our best interest in mind) is out voted on a regular basis.

I belong to other hoas and we have cams who use project management software designed expecially for hoa use. ticketing and such . I know something is very wrong and was hoping that a mangement company would offer some suggestions as to the obligations of a management company. I understand they must have retention records that match local, fed and IRS laws. I need to know what can I do, in addition to mentioning it during a board meeting because I can guarantee that it will become a "pending" issue like everything else.

What a mess. Thank you so much for taking the time to add your comments. I really appreciate your contribution.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

WillD:
At this point while the community is still under developer control, there is little you can do re tracking and developing a 'history' on behalf of the community. The developer has his board in place with those who are looking out for his interests alone and the management company, who is paid by the developer, is ensuring his interests as well. The residents interests are not paramount to those working for the developer.

My only thought is to arm yourself with your state's Planned Comm. Act, or Condo Act to know firsthand what the state law says the developer is bound to do PRIOR TO TRANSITION. Stay close to any "construction defects" and any 'unfinished' projects/amenities the developer has promised to HOA buyers.

Further, get to be very 'good friends' with the code enforcer/land development officer at your local municipality office. He can be a terrific resource to you in working through any builder/development issues. The developer has issued a bond with the municipality to ensure he will complete all units/projects (capital reserve items) as agreed upon. The municipality will inspect to ensure all is according to code. If not up to par, the developer must redo until it's made right, and the bond money is not returned until it is right. That is something you want to stay on top of.

Hang in there and hope that the appropriate units will be sold with no problems. Once that is done, the developer must 'transition' to the residents and at that time you should be given all records and whatever else the state law requires.

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