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HoaP2 (California)
Posts: 9
Posted:
Hello,

Was hoping for some helpful feedback in this community. Is it required by the HOA to share bank statements with HOA homeowners and HOA homeowners who have past due invoices for late fees? We live in California. Thank you
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Bank statements or expense report? Our HOA we only disclosed lot numbers for who owes. Plus only with the person who were behind. We made sure to tell the membership the status of collections. Some people will use it as shaming or taking matters into own hands. So be careful.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Whose bank statements - the association or those of delinquent homeowners?

Check your documents to see what association records homeowners are entitled to - you probably aren't entitled to look at the account statements or ledgers of other homeowners due to privacy and debt collection laws. You may be able to get a copy of the association's bank statement, but that's not going to give you specifics on who paid what and when. The main thing homeowners should know is that the board is taking appropriate action on late payers, which can range from changing late fees to turning the account over to the association attorney for collection. Your community should already have a payment policy all homeowners should receive that describes what will happen and when.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Please be more specific. What kind of bank statements do you want to examine??? Do you mind saying why you want to see them?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By HoaP2 on 09/06/2023 9:21 AM
[In California] Is it required by the HOA to share bank statements with HOA homeowners[?]
Yes.
Quote:
Posted By HoaP2 on 09/06/2023 9:21 AM
and HOA homeowners who have past due invoices for late fees?
I do not understand what this second part is asking. Please consider re-phrasing.
HoaP2 (California)
Posts: 9
Posted:
Hi Melissa,

Thank you for your reply. Asking about the actual monthly Bank Statements of the HOA Account. I am currently the HOA Pres (new at this) for a very small HOA (3 homeowners), and one homeowner who has multiple late fees paying HOA dues late, is saying its her right to see the Bank Statements. I dont want to share the actual bank statements with her if I dont have to.
HoaP2 (California)
Posts: 9
Posted:
Hi Shelia,
Thank you for your reply. Asking about the actual monthly Bank Statements of the HOA Account. I am currently the HOA Pres (new at this) for a very small HOA (3 homeowners), and one homeowner who has multiple late fees past due for paying HOA dues late, is saying its her right to see the Bank Statements. I dont want to share the actual bank statements with her if I dont have to
HoaP2 (California)
Posts: 9
Posted:
Hi Kerry, Thank you for your reply. Asking about the actual monthly Bank Statements of the HOA Account. I am currently the HOA Pres (new at this) for a very small HOA (3 homeowners), and one homeowner who has multiple late fees paying HOA dues late, is saying its her right to see the Bank Statements. I dont want to share the actual bank statements with her if I dont have to
HoaP2 (California)
Posts: 9
Posted:
Hi Ellen,
Thank you for your reply. Asking about the actual monthly Bank Statements of the HOA Account. I am currently the HOA Pres (new at this) for a very small HOA (3 homeowners), and one homeowner who has multiple late fees paying HOA dues late, is saying its her right to see the Bank Statements. I dont want to share the actual bank statements with her if I dont have to
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By HoaP2 on 09/06/2023 3:12 PM
HAsking about the actual monthly Bank Statements of the HOA Account. I am currently the HOA Pres (new at this) for a very small HOA (3 homeowners), and one homeowner who has multiple late fees paying HOA dues late, is saying its her right to see the Bank Statements.
First, yes, the HOA is obligated to share the bank statements. Details appear at Davis-stirling.com.

Second, under the law, this owner's delinquencies in paying HOA dues is 100% irrelevant to her records requests.

Just hand them over without further comment.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Do you have an accountant or is this self managed? Yes, you do have to hand over the Bank statements per written request. You may redact some account information like account #'s. It is the amount being paid and collected that is the most important. We try to keep it do lot #'s but your HOA is so small that would be impossible.

Your dealing with a "passive aggressive" person who wants to hold their payments hostage to do their bidding. Don't fall for it. Put in a collections policy ASAP that works for your HOA. Our policy was 6 months behind we liened 1 year behind we CONSIDERED foreclosure. A lawsuit is a bad and expensive idea.

A HOA runs a bit different than your home budget. It is a corporation. The HOA money is NOT your money. It is EVERY member's money. Repeat that often. It's like leaving your checkbook on your dining room table for ALL your family to see. Expect the kids to want the newest video game and the spouse a vacation. However, the house needs a new roof... That is the scope of the budget view...

Former HOA President
TerriS6 (California)
Posts: 3,284
Posted:
Bank statements are "enhanced records" subject to member inspection. Civil Code 5200(b).
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TerriS6 on 09/07/2023 5:11 AM
Bank statements are "enhanced records" subject to member inspection. Civil Code 5200(b).

I agree. Any member/owner should be allowed to see them.

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