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AugustinD
Posts: 1,027
Posted:
SteveO3, I think the moderators deleted your post because it had identifying information. Here's my response, cleansed of identifying information:

Pertaining to a nonprofit corporation established over 40 years ago, which may or may not be subject to Washington HOA statutes:
Quote:
2. What is the best way to formerly request financial reports and insurance information from the board? I have tried sending an email and have been completely ignored. Is there a way to make the request binding?
-- As an owner-member of this nonprofit corporation, you are lawfully entitled to review much to all financial records and a number of other records.

-- Note that Washington statutes require this corporation to keep "appropriate accounting records." See https://app.leg.wa.gov/RCW/default.aspx?cite=24.03A.210

-- Here is the letter I would write.

====
Dear Board of Directors,

The Revised Code of Washington (RCW) 24.03A.210 requires the corporation to keep "appropriate accounting records." Pursuant to RCW 24.03A.215 and RCW 24.03A.225, I request to inspect and copy the corporation's accounting records of 2022; latest annual financial statements; and current insurance policy(ies). In particular, I wish to see: ____, ______, _____ and ______. My proper purpose in making this request is to gather information that will help me determine the financial health of the corporation. I wish to inspect these records on October 28, 2022 [or some other date at least five business days after the day you send this letter].

Sincerely,

====

Send this letter registered mail, return receipt requested to the corporation's registered agent or registered address.

Do not use inflammatory language; hyperbole; language which you think might demoralize or persuade (through bullying) the recipients but in fact makes you look juvenile; and so on. Stick with just the facts. Polite, short and sweet. Why? Because what you send could end up in court proceedings, and you want to look as squeaky clean as possible.

Report back with the board's response or non-response.

If the Board continues to ignore your requests, they are vulnerable to a records request lawsuit and potentially having to pay your attorney's fees. See https://app.leg.wa.gov/RCW/default.aspx?cite=24.03A.230

Reference:
https://app.leg.wa.gov/RCW/default.aspx?cite=24.03A
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AugustinD on 10/21/2022 11:32 AM

Send this letter registered mail, return receipt requested to the corporation's registered agent or registered address.


Why antagonize the board and create a possible expense for the Association (expecting that the registered agent is an attorney)?

Send the letter certified (so you can see that it was received) to the Board directly.

If ignored, then escalate and send it to the registered agent.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 10/21/2022 1:26 PM
Posted By AugustinD on 10/21/2022 11:32 AM

Send this letter registered mail, return receipt requested to the corporation's registered agent or registered address.



Why antagonize the board and create a possible expense for the Association (expecting that the registered agent is an attorney)?

Send the letter certified (so you can see that it was received) to the Board directly.

If ignored, then escalate and send it to the registered agent.

I agree. Walk gently before attacking.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By TimB4 on 10/21/2022 1:26 PM
Posted By AugustinD on 10/21/2022 11:32 AM

Send this letter registered mail, return receipt requested to the corporation's registered agent or registered address.



Why antagonize the board and create a possible expense for the Association (expecting that the registered agent is an attorney)?

Send the letter certified (so you can see that it was received) to the Board directly.

If ignored, then escalate and send it to the registered agent.
One, in my experience, the registered agent is usually the manager. Two, the registered agent is the legal contact for a corporation until told otherwise. This is why the Secretary of State site typically provides an address or name for the registered agent.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By JohnC46 on 10/21/2022 1:47 PM
Posted By TimB4 on 10/21/2022 1:26 PM
Posted By AugustinD on 10/21/2022 11:32 AM

Send this letter registered mail, return receipt requested to the corporation's registered agent or registered address.



Why antagonize the board and create a possible expense for the Association (expecting that the registered agent is an attorney)?

Send the letter certified (so you can see that it was received) to the Board directly.

If ignored, then escalate and send it to the registered agent.


I agree. Walk gently before attacking.
He's already asked a number of time and has been ignored. The guy needs proof that the letter was received by the lawful representative of the HOA. Per my understanding, per statute, lawful representative is the registered agent.

KerryL1 (California)
Posts: 14,550
Posted:
IMO requesting "the accounting records" for the entire year in my HOA would comprise about 80 pages a month. So I think Steve will get a better reply if he (for now) sticks for just a few only, say, the general ledger and one other.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 10/21/2022 5:23 PM
IMO requesting "the accounting records" for the entire year in my HOA would comprise about 80 pages a month. So I think Steve will get a better reply if he (for now) sticks for just a few only, say, the general ledger and one other.

And it would take two minutes to compile and email.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AugustinD on 10/21/2022 2:30 PM

in my experience, the registered agent is usually the manager.

In my experience, it has been the attorney for the association.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AugustinD on 10/21/2022 2:32 PM

He's already asked a number of time and has been ignored. The guy needs proof that the letter was received by the lawful representative of the HOA.

I would still send it to the board first.

A letter with the identifying statutes, governing docs and citations can indicate you have done your research and are willing to escalate if need be. If the board ignores this request, then send it to the registered agent. If that request is ignored, then look into legal options.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By TimB4 on 10/22/2022 6:35 AM
A letter with the identifying statutes, governing docs and citations can indicate you have done your research and are willing to escalate if need be. If the board ignores this request, then send it to the registered agent. If that request is ignored, then look into legal options.
Sounds good to me.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By AugustinD on 10/22/2022 6:53 AM
Posted By TimB4 on 10/22/2022 6:35 AM
A letter with the identifying statutes, governing docs and citations can indicate you have done your research and are willing to escalate if need be. If the board ignores this request, then send it to the registered agent. If that request is ignored, then look into legal options.
Sounds good to me.
Though I would not mail a letter to the directors' home addresses. I would find the latter rude, inappropriate, and creepy. I would send the letter to the board, care of the manager, assuming the HOA has a manager's address that it shares with the owners, or whatever address the board offers for correspondence with the HOA. Said address to be distinguished from the "registered agent" address? Maybe. Maybe not. Respectfully, it's why I am kind of resisting your suggestion.

I guess it just depends. I trust the OP can make a call here.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I never said to send letters to a board members home.
I would expect the letter to be sent to the Associations mailing address.
The letter, of course, would be sent via certified mail.

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