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StephenO4 (New York)
Posts: 11
Posted:
What remides do newly elected HOA BOARD MEMBERS have to compel the ousted HOA PRESIDENT, to return all records, keys, fobs, parking stickers etc. The Board attorney has sent numerous letters, text,emails to the previous President only to be ignored. This on now entering the second week of the transition.
AugustinD
Posts: 5,144
Posted:
The former president of one of my former HOAs pulled this. The Board had the HOA attorney send demand letters. The former president refused to return the items and/or ignored the demand letters. The Board had the HOA attorney file in civil court against the former HOA president. The former HOA president hated the HOA; lawyered up; countersued. Then he sold his home. His attorney withdrew from representing him (reasons unknown). He moved out of state. The HOA won a default judgment from the court. I do not think the HOA ever collected.
SheliaH (Indiana)
Posts: 6,964
Posted:
You're taking the right steps, but if the president is blowing you off, it's time for formal legal action (lawsuit) - hopefully it won't end the way it did in AugustineD's community. since the president is being an ass, be sure to ask for reimbursement of all legal fees incurred in the action - that may be enough for him to fold.

In the meantime, rekeying and turning off the key fob's access should be done immediately - and be sure to ask for reimbursement of those charges as well. If there are financial records among this stuff, it may be helpful to have an audit done to ensure everything's in order.

Finally, establish formal policies on what should happen when board members resign or are voted out, e.g. stuff should be returned no later than X (within the next 48-72 hours would be perfect). Personally, I'm not a fan of one person having access to all Association records, so you need to consider another way to store them so stuff doesn't get damaged lost or disappear (accidentally or accidentally on purpose)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Haven’t considered this .... would the local police/sheriff be interested in intervening?

President is the corporate officer and could ask?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This could be a criminal issue. That is HOA property. So instead of suing for it, contact the police to discuss options. File a theft of property report. This may speed up the process and cost less money.

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
i would try the police route. if it works, doesnt matter how you got them back

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