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DonnaM16 (Missouri)
Posts: 23
Posted:
I am not a board member, but am a member of the association. Our board and mgt company are NOT transparent at all. And have been doing some shady things. I have investigated, and found missing invoices or altered invoices, and I have reached out to vendors to get correct info (work already completed) once the mgt co or board finds out, they contact the vendor and tell them not to talk w me. This is true even for our insurance policy, I needed some clarification on the deductible (as our board and mgt co refuses to answer), he was at one time very responsive but now refuses to reply. These are all things my dues has paid for, I am the customer. Can they refuse me access to this true info?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You have to go through the board FIRST and foremost. May go to the MC if that is the set up the HOA has with the MC. Otherwise board first. The vendors work for the HOA NOT you as an individual. The HOA is NOT your lawyer. It is the lawyer for ALL the HOA/board.

Think it would piss quite a lot of people off to have someone like you constantly checking the numbers for what you assume is wrong. Don't like what your board is doing? Run for the board or vote the board off. Stop nipping at their heels.

Former HOA President
BillH10 (Texas)
Posts: 1,217
Posted:
Donna

I cannot imagine any possible circumstances under which it is proper for you to contact the Association insurance company regarding the deductible or any other aspect of the insurance coverage.

We have an owner in a client association who felt she could contact association vendors/contractors, especially the insurance company, at will for this, that, or the other reason.

After nicely asking her to direct her questions through us (Board approved the process) with no results, we told her she is not to contact any contractor or vendor of services to the Association for any reason at any time. We instructed the contractors and vendors to politely tell her they cannot speak with her directly and that she should contact us.

Since the vendors and contractors would not respond to her, further inquiries were directed through the MC as originally requested.

As Melissa explained, you have no 'standing' with association vendors and contractors. You have no right to contact them for any reason, regardless of your perception that your dues payments somehow provide you with the right to contact the vendors and contractors.

BTW, we brief each vendor or contractor working on the property who they may take direction from, we also ask owners to direct questions through us unless they involve logistics--what time the contractor will return the next day if interior access is needed, etc.

I suggest you find a process which will secure the information you seek without direct contact with vendors and contractors.

I have no knowledge of Missouri HOA/Condo property codes and laws, it seems to me you should be able to request the information you seek from the Association. Is there a process described in the declaration of your association?

AugustinD
Posts: 3,698
Posted:
DonnaM16, please confirm: Is this a condominium? If so, what year was it created? See the Declaration to see what year the condo was created.

I agree with BillH10. Owners should not be contacting HOA/COA vendors. Imagine if all owners did this. Imagine if something an owner said or did amounted to interference with the HOA/COA's contract with the vendor (which is the stuff of litigation).

Whether this is a condo or a HOA, an owner has the right to inspect certain records under the Missouri Nonprofit Corporation Act. See the three sections (355.821, 355.826, 355.831) listed at the link below that speak of records and an owner's right to view records.

http://revisor.mo.gov/main/OneChapter.aspx?chapter=355

If this is a condominium, then depending on the date of the condo's creation, I may have more to say, from the two Missouri Condo Statutes.
LaskaS (Texas)
Posts: 1,025
Posted:
The poster did say that the board was not transparent at all.

The receipts and records of the association that she did have access to, indicated changed invoices or missing invoices.

If an owner asks a legitimate question after seeing irregularities in the financials, but the board and or management company won't answer. What is the correct process to confirm or refute the irregular invoices?

Question, Donna, did you present any of the questionable invoices to the board to ask what was going on?
KerryL1 (California)
Posts: 14,550
Posted:
Are you saying, Donna, that the MC won't even give you a copy of the assn insurance policy when you ask in writing??
LaskaS (Texas)
Posts: 1,025
Posted:
I do agree owners normally don't contact vendors directly unless they are authorized to do so on behalf of the association. However, a rogue board and dishonest vendor can do a lot of damage in a short period of time if there is no transparency. I've seen it first hand. 7 months in 2018, our reserves went from over 1,000,000 dollars to less than 175,000.
This was after Hurricane Harvey, however, none of the bylaws were followed regarding entering contracts, keeping minutes, etc.

If the board is preventing you form accessing records of the association, I agree this is a red flag. How much money are we talking about with the changed invoices . How exactly do you know there a missing invoices.
LaskaS (Texas)
Posts: 1,025
Posted:
you should absolutely be given a copy of the insurance declarations page if you request it in writing. That will have the deductibles listed.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The OP does not sound like they are asking that from their HOA board. They are going directly to the VENDOR. Even the HOA board should be going to the MC as they are a HOA vendor. So the MC can't just always hand over information unless the HOA board is consulted.

Being "transparent" is subjective to opinion. Our HOA was run as transparent as one could possibly get and conduct business. However, there are just some thing general members are NOT allowed to see until atleast voted on or discussed.

Our expenditures was given out at every meeting to anyone in attendance. Collection reports just amongst board. However, you could call and ask about YOUR specific lot. We just went over the overall collection rate. Just because you did not get the collection report meant we were not being transparent. It just means we weren't sharing information involving PERSONAL information. Plus our collection report wasn't always that accurate and it was confusing.

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By KerryL1 on 02/26/2022 10:38 AM
Are you saying, Donna, that the MC won't even give you a copy of the assn insurance policy when you ask in writing??
I agree with KerryL1 and LaskaS that this is a good place to start. The OP should write a just-the-facts letter. Said letter will be free of: drama, all-caps of words, exclamation marks, profanity, blasphemy, gossip, insinuation concerning the board or manager being crooks, innuendo, ugly fashion choice remarks and no ellipses (...). All business, all facts, and good grammar in general. Something like:

Dear Board of Directors,

Pursuant to the NonProfit Corporation Act Section ____ and the Missouri Condominium Act section, please provide a time within the next two weeks when I may inspect the following records:

Association Insurance Policy/Declaration.
All invoices from vendors from the last year.

Thank you,

name
address
email addie
phone number

Send the letter certified mail, return receipt requested.

Consider reading here regularly. Perhaps it will help.
DonnaM16 (Missouri)
Posts: 23
Posted:
Let me clarify. There is a lot going on here. They have 1 lawsuit in process for denying owners access to records. I have the insurance policy after literally months and months if asking, but they refuse to answer questions about the increased deductible, simple questions, as this impacts my loss assessment coverage. I have found where they have paid to have work done at individual units, and they hid the invoices and omitted from budgets, etc. One case they paid 3500$ for roof repair, only reported about half that they paid, as the other half was the owners responsibility. Money's taken out of reserves, in one case it was a 12k plumbing bill, that was the owners responsibility. There is more, but too much to go into. We have been asking to view a roofing estimate, that was finalized in July 2021. They claim to have gotten other bids from companies that do not even exist. It's just bizarre.
AugustinD
Posts: 3,698
Posted:
DonnaM16, your best chances of changing the status quo happen by running for the board at the next annual election with a group of like-minded candidates. Changing the Board is quicker and more certain to cause change than a lawsuit.

If your HOA/COA (a mystery which) is not running lawful elections, post back.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By DonnaM16 on 02/26/2022 8:28 AM
These are all things my dues has paid for, I am the customer.
You are not a customer. The courts see you as a shareholder with certain contractual rights. One of those rights is for the HOA/COA (still a mystery which) to spend money only as authorized by the governing documents (covenants and bylaws).
DonnaM16 (Missouri)
Posts: 23
Posted:
Our title is "condominium assoc" but is registered as a non profit. It consists of 24 condos (in 2 buildings) and 24 townhomes (6 buildings). The current officers have been in office over 20 yrs, you suggest voting them out, but votes are weighted in favor of townhome owners. How do you get them to vote out people that give them free in home maintenance. They hired a mgt company, cause they stated they could not find anyone else to serve, but ignore anyone in the condo that wants to serve. Even attorneys are baffled as to what these officers are doing.
AugustinD
Posts: 3,698
Posted:
For the OP's Missouri condominium established sometime in the last seventy years (with the actual date of establishment still a mystery, meaning which of the two condo statutes applies will remain unknown):
Quote:
Posted By DonnaM16 on 02/26/2022 12:42 PM
Our title is "condominium assoc" [and] is registered as a non profit. It consists of 24 condos (in 2 buildings) and 24 townhomes (6 buildings). The current officers have been in office over 20 yrs, you suggest voting them out, but votes are weighted in favor of townhome owners. How do you get them to vote out people that give them free in home maintenance.
Your options in Missouri are:

-- Identify the legal issues (that is, actual violations of the covenants or state statutes); give an attorney at great cost; threaten suit; possibly file a lawsuit

-- Put up with the transgressions and live your life in as much peace as possible.

-- Move.
BillH10 (Texas)
Posts: 1,217
Posted:
Donna

I am puzzled about how the master association policy deductible affects your loss assessment coverage.

To me that is a conversation which should take place between your insurance agent and the agent for the association's insurance.

All you need do is give your agent the contact information for the association's agent; there is no reason for you, the Board, the MC, or the association to be involved.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Most HOA's/Condo Associations are non-profit. Theya are NOT charitable ones. Meaning they must spend as much as they collect on maintenance and operational costs of the HOA. Hiring a MC is one of those items they can hire to help them run the HOA. The MC works for the HOA. Although lines do get crossed for some.

To say there are people willing to run but not get to is because of lack of effort on everyone's part. I can say "I want to run for officer of my HOA" all day long and twice on Sunday. However, that entails me going to go through the process described in the documents to get elected. People have to actually cast a vote or show up to a meeting. Not just sit on their hands and say "nothing is getting done" by using OTHER sources like rumors and lawyers...

Most of us here had to put the hard work in to get on our HOA board. Once there we had to learn the "ropes". Just to find out some of our past views/ideas were the ropes hanging us.

I was brand new to HOA's and the neighborhood when I got elected to the board. Spent a few months introducing myself, shaking hands, getting the "read" of the neighborhood, and memorizing the documents. We had a con-artist of a President. Whom would go around telling people you were "crazy" if he didn't want you on the board. Many people didn't want him there. However, not anyone wanted to play his games to get him out. So they just let him stay. I played him like a fiddle and got him out...

So instead of approaching things from the outside and putting your "spin" on things. Educate yourself. Read your documents. Make an effort to make a change. So far bending the ear of vendors and lawyers is getting you nowhere fast.

Former HOA President
DonnaM16 (Missouri)
Posts: 23
Posted:
I'm not "bending ears" of vendors, I am trying to get actual invoices, as the ones I file are somewhat falsified, or missing, if we ask for something, the board claims no knowledge. They have falsely imposed a second yearly assessment to only those that live in the condo buildings, that is not outlined in the declarations. In the case of the 12k plumbing bill, no one would have known they paid it, as it wasn't disclosed anywhere, in the end of year financials.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Sometimes single homes and condo's pay different amounts. Is one a 55+ and the other not? We had that here recently where they paid different amounts. So not enough details to say this is wrong?

Just grabbing out of the air "12K plumbing paid" like it was a bad thing? It sounds like it could have been an emergency situation. It could have been a HOA responsibility. A pipe could have burst causing damage to the common area. You provide no context.

I can't complain about a 12K plumbing bill being paid and no one knowing about it as something suspicious or wrong. I am more surprised it didn't call for a special assessment from everyone to pay the bill.

Former HOA President
LaskaS (Texas)
Posts: 1,025
Posted:
just curious, do you have factual evidence that the invoices were somewhat falsified? how were they falsified. did they have an ammount on the invoice that didn't match the original contract.? did the invoice payment increase without any addon work order?? please explain what you mean by somewhat falsified.

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