Advice on difficult transition?

Two Board members have recently left the Board under less than cordial circumstances. At this time, they have refused to communicate regarding how they intend to turn over whatever Association property and materials they still have in their possession.

Before this gets turned over to the Association's attorney, any suggestions from those who have had to deal with this situation?

TIA.

What are the materials and property still in their possession? Technology over the past few years has allowed everything to be done electronically. Therefore signed contacts are usually by email and sometimes Docusign.

Before involving an attorney, consider the value of the property. Can it be replaced for less than attorney fees. Something like a key not returned when the lock can just be changed?

I am presently turning things over to a new board after 6 years. PM has copies of all important documentation. With the exception of some keys and some little value items such as caution tape, parking stickers, and cable ties, I have nothing to turn over.

It wouldn't matter if this community was run by a management company or not - there should always be some sort of transition plan when there's a change in board members, property managers or both. That's part of the problem with self managed communities - people seem to thinking current bunch will be there forever and if they ever leave, they will know to turn things over without being asked. The questions you've been asked are legitimate - pick up your damned feelings and start acting like an adult.

Let's begin with the documents themselves - are you saying NO ONE knows what these people have? were they officers - perhaps the minutes provide some clues, as in "mr.X, board treasurer, said he went to the bank to discuss Y? If so, you may be able to get those documents directly from the bank. You might also get copies of contracts from the vendors, the master insurance policy from the carrier, etc.

I suspect you don't want the expense, but this s about ensuring the association has permanent records so get out your checkbook and call you the attorney. A certified letter needs to be sent to these people remind by they turn over all association property within 15 days from the date of the letter. If they need more time, they need to respond to the attirney. If they dont, go to legal action. It's unfortunate things may get ugly, but as you said, they didn't leave under the best of circumstances, so it is what it is.

If the former members have access to the bank accounts, shut that off immediately. If they have keys to community buildings like the clubhousr, have the lock chsnged. Keep track of all bills generated because you'll probably need to compel them to reimburse the association. Finally, it wouldn't hurt to get an audit if they were the finance people because you need to check for possible waste and embezzlement.

Hopefully a nastygram from the attorney will be All you need to get their cooperation. Once you have the documents, work with the association attorney and master insurance in developing policies and protocols regarding association records. It should address who has access to what, storing permanent records (hint: you do not keep this stuff in your garage or personal self storage unit) and much more.

Now, get busy and good luck!

Oh, if you still want to try and talk to these people, the can send it's own letter via certified mail and request that they attend an executive session to discuss the handover.

At a former HOA of mine, an ex-director refused to turn over a computer tower. The new Board had the HOA attorney send demand letters. The ex-director lawyered up with one of the best HOA attorneys in town (one I respect) and countersued. Motion practice went on for a year. The ex-director's attorney withdrew from representing the ex-director. Another attorney signed on to represent the ex-director. About 15 months into the litigation, the ex-director moved 2000 miles away. The HOA shortly thereafter won a default judgment (meaning neither the ex-director nor her attorney appeared at a hearing) against the ex-director.

Get your attorney involved immediately. Why? Because your decisions as the sole director can be challenged. Figure out one person you can appoint (pursuant to the law on board vacancies and the power of the board to appoint directors until the next election occurs) and appoint the person as soon as possible. Then the two of you figure out a third person to appoint and do so. And so on, until you have a full board.

Step back a second. What your wanting back like certain copies of records is their right to have any ways is it not? They should never have the "originals' of any document. So what is wrong with them having a copy if members are allowed to copy HOA documents? Our documents were kept in a box at the HOA clubhouse in a locked closet. Only certain members had the key. Which we could change out once someone left.

It seems you want to keep re-living the "old board" experience than move past it. I don't see what they have in their possession that isn't allowed or can be re-created.

What am I clueless on? I did not own any HOA documents or property as President. My board members did not either. Why would they? If they had anything, it was with in their rights as a member to have COPIES of. They would NOT have ORIGINALS.

So why would one decide to pursue getting back items like copies of meeting notes? A copy of the HOA rules? Spending statements? Collections reports? Addresses of owners? ALL of these things ANY member is allowed to have a copy of.

Before you go down that rabbit hole. Identify what exactly they have HOA wise. You can change the locks as one should. Take off signatures at the bank. Had plenty of board members who went "poof" and did not need a single thing from them.

I was in a self managed HOA. Only had a bookkeeping. None of us had any HOA documents or property. We changed locks when someone quit or after elections. Everyone had the documents they needed to do their jobs but those were presented at the open meeting. So it was documented via the meeting notes.

In a perfect world, but we all know it ain't.

Thomas, good luck with this one!

Have you tried asking nicely?

Or - as my gut feeling is that you and these ‘difficult people’ have a relationship issue - is there some intermediary who could ask nicely for you?

Just saying: “ask nice” is a cheap and easy way to begin. And occasionally, even the hugest bastard decides they’ve got better things to do with their bastard wiles and they’ll just drop a box of junk on your porch to be done with it. Given that you don’t specifically know what items they possess, “box of junk on your porch” is probably the optimum outcome for you and everyone involved.

BillD

Fortunately, this occurred as part of the how the standoff (and resulting transition difficulties) unfolded. And, fortunately, one of the two has finally responded and asserted that, having provided what he had as part of his response, he has nothing. We await the other person, who, of the two, is far less likely to have anything.