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Started by DeborahH6 • 8 replies • 231 views

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DeborahH6 (Maryland)
Posts: 2

Posted:

We have a former board member who was voted off the board by the community and was not happy about that.
Now all of a sudden they are saying they have absolutely no access to the community portal and is demanding we send her all manner of past and present minutes, financials etc. We are 100% certain she is just refusing to use the portal to cause stress to the board. We have had the server's manager look look into her account and they say there is no valid reason that she can not access...this person is a registered member of the website so everything is available to them there.
Is there anything we can do to prove them wrong and be done with all of this drama?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Expecting you are an HOA:

Per MD § 11B-112 you have 45 days to comply. However, you may charge them for the copies and postage:

Charges for review or copies of books and records
(b)(1) Except for a reasonable charge imposed on a person desiring to review or copy the books and records or who requests delivery of information, the homeowners association may not impose any charges under this section.
(2) A charge imposed under paragraph (1) of this subsection for copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of the Courts Article.

My suggestion, do a rough calculation on the cost and let them know what that would be and see if they are willing to pay for it or if they would prefer assistance in accessing the web site that has all of this info.

Note: you are on a time limit per the statute to comply and that is what the individual is likely hoping for.

ElleN (Idaho)
Posts: 1,335

Posted:

Quote:

Posted By DeborahH6 on 02/28/2025 1:06 AM

Is there anything we can do to prove them wrong and be done with all of this drama?

Ya gotta follow the law and do so without drama. See TimB4's post.

LoriM15 (Florida)
Posts: 1,009

Posted:

In Florida, a records request has two parts. One is making the records (IF it's an official record) available for them to review. Second is making copies for them and you are allowed to charge. Our attorney suggests 25 cents per page as reasonable.

Because of our statute, if you say to the person that the information is available on the website, that would satisfy the records request. In your case, since she says she can't use the portal, why not use a google drive or dropbox link to the documents. Or you could have her come to an office and someone else could sign into the portal and let her view them.

If they are paper records, you should be allowed to give her access to them but you can limit the time and the number of documents. For example, you have an hour to look at 10 documents this month. You can allow her to take pictures of the documents rather than make copies.

Does the statute say you must provide paper? If she insists on paper, then charge her for them. And also set a limit again - you may have X number of pages per month. That might take a board resolution, but it would be fair.

She is forcing you to make a records request policy in writing. That's not a bad thing to have.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TimB4 on 02/28/2025 3:30 AM
Expecting you are an HOA:

Per MD § 11B-112 you have 45 days to comply. However, you may charge them for the copies and postage:

Charges for review or copies of books and records
(b)(1) Except for a reasonable charge imposed on a person desiring to review or copy the books and records or who requests delivery of information, the homeowners association may not impose any charges under this section.
(2) A charge imposed under paragraph (1) of this subsection for copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of the Courts Article.

My suggestion, do a rough calculation on the cost and let them know what that would be and see if they are willing to pay for it or if they would prefer assistance in accessing the web site that has all of this info.

Note: you are on a time limit per the statute to comply and that is what the individual is likely hoping for.

A reasonable charge would include the cost of the paper copy, the cost of the postage and envelopes,, the cost at of the PM’s rate of pay to include all health insurance, social security/ Medicare, PTO x the time required to do the work. Probably $25 when it’s all done.

ElleN (Idaho)
Posts: 1,335

Posted:

Quote:

With a lot of pain,* one can ascertain that at most, the limit is 50 cents per page.

For all the copies this person is requesting, I expect she will balk.

Bill her even if the PM sends digital copies?

* From the Courts Article, Title 7, Subtitle 2, redirecting to the Real Property Article, Title 3, Subtitle 6, section 3-602, redirecting to...

And people wonder why I try to make HOA directors' jobs as easy as possible, within the constraints of the gov docs and law.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I didn't have time earlier to provide links, so I'll do that now.

For an HOA :

MD §11B–112

For a COA:

MD §11–116 Records

Copy places charge 18 cents to 25 cents per copy (one side of page - depending on quality of paper).
Therefore, a reasonable cost to me would be in that range plus an hour of time for the MC employee who has to make the copies plus postage to mail.

If your Association doesn't have one yet, a policy resolution on costs for copies and mailing would be appropriate to adopt.
Good for all Associations to consider having one.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Deborah,

It appears that this question is very similar to the question you asked a month ago.
I think this thread gave you better answers regarding the copies themselves. The other thread seem to deal with more of the behavior of the individual, but you may want to review your previous thread to see if the two threads can help you with this issue:

Subject: A Pugnacious Homeowner

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TimB4 on 02/28/2025 11:44 AM
I didn't have time earlier to provide links, so I'll do that now.

For an HOA :

MD §11B–112

For a COA:

MD §11–116 Records

Copy places charge 18 cents to 25 cents per copy (one side of page - depending on quality of paper).
Therefore, a reasonable cost to me would be in that range plus an hour of time for the MC employee who has to make the copies plus postage to mail.

If your Association doesn't have one yet, a policy resolution on costs for copies and mailing would be appropriate to adopt.
Good for all Associations to consider having one.

Does the copy place search the files, pull what you want copied, make the copies, place them in an envelope, mail you the copies and refile the documents?

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