Retired Director refuses to Return Documents

ARchitectural Chairman (Director) had his term expire. He was not re-elected to the Board. He has our Architectural records and won't return them. His home is now up for sale and we fear he'll move away and we'll never see the records again. What recourse do we have? Can we place a fine against his property? Can we interfere with the sale by notifying the title company of this?

Advice?

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In Colorado the title company gets a certificate of status of assessment for each seller from the designated Agent for the HOA. In this case I would advise the title company that the owner is not in good standing because he is subject to legal action until the Association documents in his possession are returned to the Registered Agent. If the title companies tells him the sale may be delayed he probably will return them quickly.

When the association is incorporated a copy of all association documents should always be filed with the Registered Agent.