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BernardH (Virginia)
Posts: 28
Posted:
As member at large, I am requesting to see 2 invoices related to an excess of budget spending.
The management company does not respond.
The treasurer does not provide them claiming that these supplementary invoices, I did not see them, were approved during a board meeting (I was absent).
The treasurer support the management company attitude because this will overload the company support managmemt.
All the others members including president, vice resident, stay silent.

What could be done to have these invoices brought to me as member at large.
Thank you.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
BernardH: I am not familiar with the position and the rights of a member at large. What do your docs state are the entitlements to a member-at-large?
Do you have voting rights?

Since you are questioning a vote taken in your absence, it appears the majority of those who were entitled to vote as Board members did vote and the vote passed.

As a member at large, and as a resident, you have every right to review official documents of the assn. including invoices and payment of same. How about writing a letter to the Board cc Mgmt. company and request to view the referenced copies at the location where files are kept. Ask for a reply stating a time convenient for them, and you will comply. This may be a better approach than asking that the invoices be 'brought to you'.

SusanW1 (Michigan)
Posts: 5,202
Posted:
I don't think that general members have the right to see invoices.

They have a right to see the annual budget, with a year-to-date expenditure figure to compare with the budget. This should be available at any Board meeting and should be a part of the Treasurer's report.

If that line item (in question) is above its budgeted amount, then you have a right to an explanation.

But can you imagine if all members wanted to see every invoice?
JeanneK3 (Maryland)
Posts: 562
Posted:
Only those homeowners really concerned about their association will want to see invoices. Most will not. In Maryland the law says all homeowners have access to most books and records, and that includes invoices.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Please post that law. I think there is confusion about what "financial records" means.
DavidW5 (North Carolina)
Posts: 565
Posted:
The Virginia Property Owners' Association Act (55-510) specifies:

"The association shall keep detailed records of receipts and expenditures ... all books and records kept by or on behalf of the association ... shall be available for examination and copying by a member in good standing... upon five days' written notice reasonably identifying the purpose for the request and the specific books and records of the association requested."

There are exceptions in the statute for: personnel matters, contracts under negotiation, pending litigation, state or local administrative proceedings, and communication with legal counsel.

Furthermore, the Virginia Nonstock Corporation Act (13.1) provides that:

"If a corporation does not allow a member... to inspect and copy any other record, the member ... may apply to the circuit court in the city or county where the corporation's principal office is located ... for an order to permit inspection and copying of the records demanded. If the court orders inspection and copying of the records demanded, it may also order the corporation to pay members costs, including reasonable counsel fees, incurred to obtain the order..."

When I submit written requests to examine association documents, I always include the statement: "If this request is refused I reserve the right to apply to the Circuit Court under provisions of the Virginia Nonstock Corporation Act 13.1-935 for a court order."

While my association has tried to avoid providing records I request, they ultimately have complied with the law. You just need to be persistent.

Dave
RobertG (Arizona)
Posts: 505
Posted:
Arizona also has a law requiring all documents of the HOA to made available to any homeowner. There are a few exclusions and they have to with ligation and very personal homeowner data like SSN, bank accounts... In fact the law was amended recently to make the price to copy the documents a reasonable amount like any Kinko's would charge for reproduction costs. Some management companies were charging up to $100 to the homeowner to copy documents in the hope it would prevent homeowners from asking.

Of course this has nothing to do with the state you are in.
JosephW (Michigan)
Posts: 882
Posted:
Arizona - the Administrative Law Judge who passed down that ruling really opened up a can of worms by stating that only a few things (like you mentioned) could be considered private. The problem is that owners looking for dirt on other owners now have access to delinquency reports, violation notices, etc. Owners looking for these things rarely are thinking about the association and more apt to be thinking about getting even with a neighbor they're feuding with. The legislature going to have to go back and fix this one, but given their history, they'll probably make it worse.

Virginia - an invoice doesn't qualify for exemption. You have a right to see the invoices. If you don't get a response, contact the Common Interest Community Association Liaison -

http://www.dpor.virginia.gov/dporweb/cic_lias.cfm

Joe

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