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KarenT (Washington)
Posts: 250
Posted:
We have a homeowner who has never attended an annual or special meeting and refused to pay late fees until the association provided them with the association records. We rec'd a letter with a laundry list of requests to include: a legible copy of the CCR's, all amendments, by-laws, names/addresses of officer/committees members, non-profit-docs and business license, all bank statements, purchase receipts,tax records, insurance, meeting minutes, contracts with vendors, proof of members vote to approve attorney and attorney retainer contract. This letter states we are to provide these copies within 10 calendar days or they will file formal complaints with local and county goverment offices and take legal action against association and its representatives.

The CCR's indicate "the records are available for examination for any member at convenient hours of weekday" It mentions nothing about being required to provide copies. We have in the past provided copies of the meeting minutes but recently implemented a fee for those copies.

As far as I know, there are no local or county government offices that take such "formal complaints" as they say. Anyone know something I don't?????

Thanks!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Hahahhahaha.

Sounds like an attorney-wannabe.

We don't have any HOA regulatory body in Kentucky, but I think other states or localities might.

I would provide him with the location of where he can obtain his very own copy of the CC&Rs (in our case, it would be from the Deed Room at the County Clerk's office) and I would also list the web address of the Secretary of State's office where he can find the by-laws, articles of incorp. and other items.

In the meantime, I WOULD provide a copy of the section of the CC&R & By-laws that states that the owner is to pay the assessments, when and how, and also note that payment is not contingent on any of the "requirements" he has submitted.

In the meantime, he would be more than welcome to schedule a time to come and view the other materials as per your docs on how that should be done.

I would again note, payment in expected regardless, and a lien will be filed by XXX date if not received.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Karen,

What the heck is his problem? Sounds like a typical case--doesn't care until he gets directly affected by something. Almost sounds like you fined him for something.

I do not know what Washington State Statutes are for HOA's in regards to copying of records. Some of those items he should have had just thru general mailings that are due to the homeowners. He should have his own CC&Rs. He should have all amendments, Bylaws, Not for profit docs, and many of the other items that he requested so it is not your duty to provide them to him. Yes, he can look at these items but he also should own his own copies.

You only need to provide him with 1 years records.

OKay, if he can agree on a time, you can charge him a fee to copy the items. But make it at a convenient time for your office staff and make sure that there is a Board member there. This guy is really pushing his limits and I would make sure that he follows some restraints.We charge .05 per page. He cannot take these documents out of your office. Let him sit there while someone runs them thru the copy machine. He might get tired of that.
.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Michelle,
I think that together we should go get this guy and tell him how things are supposed to work. A non complier/violator is always the most pushy person to deal with. He just got my dander up-big time.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By DonnaS on 02/11/2008 1:04 PM

Michelle,
I think that together we should go get this guy and tell him how things are supposed to work. A non complier/violator is always the most pushy person to deal with. He just got my dander up-big time.

Seriously! I just love this type.

And the "I'm telling on you ---" tact, just HILARIOUS!!!

"You go right ahead, little buddy. But you're still gonna pay your assessments."

This reminds me of something that happened here last year. We had a call from our Department of Neighborhoods here in our city. They are in no way, shape, or form a regulatory agency. In fact, what they do is provide workshops and seminars for Homeowners Association boards, for COA boards, and for basically any neighborhood group that DOESN'T currently have an association but that might like to start one.

Anyway, the woman at this department gave me a call one day because she got a call from one of our residents who wanted to *report* our board for *selective enforcement* of the deed restrictions. Apparently this woman received a letter that was sent to all the residents at the beginning of spring reminding them of a few CC&Rs regarding basketball goal placement, etc. and also asking them to be sure to keep the kids off the streets and on the common areas (we had trouble in one street with kids playing in the street.

Anyway, it was just a safety reminder. The woman went nuts and thought we sent the letter JUST to her and she wanted someone in the Depart. of Neighborhoods to get on our case for -- what really, we have no idea. The woman in the Dept. of Neighborhoods only called to find out what the letter really was, out of curiosity. She had a pretty good laugh about it.

KarenT (Washington)
Posts: 250
Posted:
Oh, you have no idea how irritated I am. This person also has left 2 very vile messages on my answering machine to which I filed police reports. She then showed up at my front door and slammed herself into my full length storm door at such a force I can't believe it didn't shatter. The police were called out on that incident. I have filed a temporary restraining order against her and go to court on Wednesday. She gave the associaton a Limited Power of Attorney giving her boyfriend authority to act on her behalf for the association - and that power of attorney states she was been declared incompetent by a court of law :-) I think she just copied a power of attorney she found and had no clue what it said!!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Karen,
The plot thickens when you are dealing with this kind of case. (I deleted the word NUT) Seriously, you have got a troubled person here. Make sure that the authorities and the association attorney are notified and DOCUMNET, DOCUMENT, DOCUMENT. because this is never over with this type of person. But do not lose your cool because that lets them have some food for their irrationality.
How is the boyfirend to deal with and how old is she?
KarenT (Washington)
Posts: 250
Posted:
The attorney was the one who rec'd the letter and forwarded it to us. I'm used to documenting everything because of the profession I am in (real estate management). She is 39 and he is 45ish???

Do you think the association should respond or would you have the attorney respond?? I'm thinking the attorney!
KarenT (Washington)
Posts: 250
Posted:
P.S. I haven't dealt with the boyfriend at all since he won't dicuss it with me and has tried to get the asst mgr on his side. The asst mgr just figured out that he couldn't be his "buddy" in this deal and came to me eating crow!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Karen,
As much as I hate to spend funds on this kind of junk, I think that your attorney needs to be the communicator with everything. This type of person is irrational and you will need all of the help that the law can provide if she goes off on anyone or anything.
GlenL (Ohio)
Posts: 5,491
Posted:
Karen when an owner wants the type of information your's is requesting we charge a per hour fee for the employee to pull and copy the documents at 35 cents per page and we require them to pay BEFORE the work is done.

If you do not have a policy in place concerning this I would suggest putting it place ASAP. Below is ours:

Section 5.6. Books and Records of Association. The Association shall keep full and correct books of account and the same shall be open for inspection by an owner or any representative of an owner duly authorized in writing, at reasonable times and upon request by an owner. Upon five (5) days notice to the Board of Trustees and upon payment of a reasonable fee, any unit owner shall be furnished a statement of his account setting the amount of any unpaid assessments or other charges due and owing from such owner.

The Association is not required to permit the examination and copying of any of the following from books, records, and minutes:

(A) Information that pertains to condominium property related personnel matters;

(B) Communications with legal counsel or attorney work product pertaining to pending litigation or other condominium property related matters;

(C) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements;

(D) Information that relates to the enforcement of the Declaration, By-Laws, or rules of the Association against Unit Owners;

(E) Information, the disclosure of which is prohibited by state or federal law.

Studies show that 5 out of 4 people have problems with fractions
HaroldS (Arizona)
Posts: 906
Posted:
"Karen when an owner wants the type of information your's is requesting we charge a per hour fee for the employee to pull and copy the documents at 35 cents per page and we require them to pay BEFORE the work is done."
We can't do that in Arizona. The management company can charge a fee for their babysitting time, but only to the HOA. The HOA cannot pass that fee on to the member. So a demanding member can really sock the charges to the HOA and not be affected (except proportionately via assessment increases if it becomes necessary.)
BrianB (California)
Posts: 2,820
Posted:
harold, i don't remember the Arizona rule, but there was a maximum fee per copy page, wasn't there? and i do believe that the HOA can still simply "open the books" at a reasonable business time for perusal, and if he requests copies at that time, they can be made for the reasonable fee.

it's been too long since i had to deal with this kind of request, i forgot my arizona research.

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