Inspection of Records

My Association Board Members and Property Management company refused and denied providing enhanced records (financial statements, invoices, canceled checks, receipts,...) to homeowners for inspection. I and people are sure that they are hidding something. Who can help to force them?

I have complete empathy for you! I am experiencing the same thing with my HOA. I live in California and the Stirling-Davis changes made last year cover production of enhanced association records. The quickest way to get resolution is to make sure your written documents requests are complete. You then file a small claims action to force production of documents. A civil penalty of $500 for each occurrence may be levied against the association. The burden of proof is on the association to show why the documents were not produced. Ask the association to provide a written reason why the documents were not produced as requested. That piece of paper may help you in court. I would also encourage you to file a complaint with the state attorney general. If you go to the attorney general's Web site, there is a downloadable form or you may file the complaint online.

You should also ask for internal dispute resolution. That's supposed to be an informal way of resolving HOA issues. The association, by law, cannot refuse a request to "meet and confer."

My document requests have yet to be fulfilled. I filed a law suit in Superior Court because there are other issues besides document production. I just filed a complaint with the attorney general, Better Business Bureau and I copied my legislators and State Senator Battin (who has been vocal about HOA reform). I wrote a draft press release and am researching the best media for publication. My situation is a bit unique in that my husband is a board member. In his role as a board member, his role as my husband is irrelevant.

You could also organize and recall the board.

Feel free to contact me at [email protected]. I am happy to speak to you any time --- good luck --Emma

HanhN1: You really need to refer to your own official documents, CC&Rs, wherein they will tell you how and by what process (review at office, copying done for resident fee?) you can review the financial records. For you to
request cancelled checks, and receipts, IMO, is a bit over the top, but they certainly should be able and willing to allow review of vendor invoices and payments of same.

To proceed 'by the book'(documents) is the way to handle this situation.

Harold: I was referring to the community's bylaws which should clearly state for Hanh when/how the financial records are either sent out to residents, or when and by what process residents can review at the holding office. That's all.