Dictatorial actions by a management company

Is it BOTH the board of directors AND the management company (MC) that will not provide you complete documents? Have you asked both in writing and named the records that you want?

Will you share with us what records you requested? Not all records may be supplied to Owners. Please share what seems to have been redacted for records that apparently your did receive.

It's better is you're specific and write to us that the HOA is refusing to give you documents, rather than use words like dictatorial, exceeding authority, etc.

In CA, the HOA can be fined $500 if they don't supply records that statutes require to owners who request them in writing.

CO statutes may or may not say the Assn. won't send them to Owners without cost. What does AL law say, Melissa? what about in your current Assn.?

Good evening, one and all:
I hesitated to respond until today, reason was I was holding for my attorneys response, I felt despite the cost, it was necessary. As of today This is where it stands. The terminology dictatorial was used by one of my attorneys and it has been established that they are, that is the management company. I just received the contract and it was nothing more than reiterating major sections of our bylaws and believe it or not, nothing more. The board has been complicit in denying my request, the board would say nothing or backup my request. It became obvious that the management company was telling the board how to run things. the board was very timid.

This may be interesting to you folks, at the top of the contract that I received it stated, not for distribution. Yes, folks, that’s what it said – – not for distribution will and it was handwritten in. The Association is in need of serious repairs on many buildings, and especially the roads and in two years. Not one thing has been done. This has been the problem with the last two management companies also.

The attorneys got my contract and the management company and the board was in violation of state statutes of Colorado and of our own regulations and bylaws of our association. The contract was censored by drawing a black line through certain sections. Just like you’d see the CIA do. I rejected the contract and requested the original as written. When the contract was signed, and initiated. I will see in the next week or two What the outcome is, but I will not accept anything less than a copy of the original and unmodified. That contract should have been made available to me by filling out the proper form, which I did and for the cost of copying and been made available to me. The expense so far for me has been tremendous for the attorneys. It seems to me, management companies, and don’t get me wrong I do not mean all of them understand the following. Some associations people cannot afford attorneys and that leaves them with no out to fight back and especially when the apathy is so great due to the lack of board management and consideration for homeowners. They want the crown but no responsibilities. the documents can be had, but at the present time, I would hesitate in sending any of them until authorized by my attorney. If he authorizes it, and you wish to see it. It can be done.
Thanks folks. I’ll see what the next two weeks will come up with.
Rich.,

What contract are you talking about? The contract with the property management company? Contracts with assorted vendors? The most recent reserve study? It would be a little easier if you were more specific about what you want. For example, if you're asking for bids the board considered, you may not get those - the association didn't accept those bids and they may have proprietary information that can't be given to unauthorized people. Otherwise, I would agree that homeowners should be able to to review copies of the contracts the association enters into without redaction.

The larger problem, however, is the board, and if you don't think they've being transparent with the homeowners, you'll have to do what so many here have done or are doing - find some neighbors who feel as you do and rally together everyone else (or at least a huge majority) so you can either vote these folks out or initiate a recall. Sometimes the threat of this is enough to compel the board (at least a majority) straighten out and fly right, which is what you want. It takes longer and more drama ensues, but it's tougher to blow off a group of people as opposed to one person.

That's not easy because of the apathy - you can blame the board and/or property manager if you want, but the fact is, the homeowners have the ultimate power because they elect and reelect these people, who then determine who the property manager will be. Unfortunately, people see the work they'll have to put in and don't bother or may have tried in the past, but got shot down and now they've come away wanting to know less about the problem and hope the board doesn't screw up things too badly (at least not until after they sell and get out).

Interesting--in CA, assn. Owners may review all executed contracts upon written request. But what about Colorado?

Our management contract, dated 2017, also has some lines through a few sections. These were deleted at board meetings by a vote of the Board. It's possible that's your case too, Richard. If so, there are meeting minutes showing the vote to delete.

(Our MC contract with the deletion, sadly, doesn't have any dates on it OF the meeting when the deletions occurred!)