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BH5 (Virginia)
Posts: 86
Posted:
Proprietary software used by MC does not lend to a direct file transfer. File dump given to new MC (they also use proprietary software) has no apparent index and now new MC seeks payment to open each file and index. Has anyone else ran into this issue? Is there a law in VA (or other states) that requires "useable" files to be transferred? How did you resolve the database issues so that all historical data is maintained without a laborious and costly examination of each file? Did you hire a company? I do think the underlaying database software would be commercial (e.g., such as Oracle).
TimB4 (Tennessee)
Posts: 21,110
Posted:
Review the contract of the previous company to see if it says how the documents must be provided (pdf, etc.).
If it supports what you are looking for, then simply request again and, if unresponsive, make a complaint on their license.

You can always consult an attorney to see what legal options are available (sometimes, a simple letter from the attorney works).

Worst case, you (or the new management company) will have to rebuild the records.
Financially, this is done by obtaining bank records (at least as far back as the last audit).
Architectural requests will be more difficult if the Association didn't keep their own copies.
Minutes might be obtainable from other members and current/past board members.

Treat this as a lesson learned and a possible solution might be to amend the current contract and all future MC contracts to specify what format the records are to be returned to the Association in (pdf, word, excel, etc.).

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