Past President will not Relinquish HOA documents

Started by AnnS3 • 7 replies • 1585 views

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AnnS3 (North Carolina)
Posts: 2

Posted:

As of 10/14/08, I was elected to our community's BOD along with two additional members. Up to that point, there were two people on the BOD with one taking complete charge. Over the past two years, this gun carrying bully, has harassed and imitated, as well as, had the HOA in numerous lawsuits , and the neighbors could not take anymore. For the past three weeks, the new BOD has tried to obtain the files and financial information of the HOA from the past president of the BOD to no avail. As of yesterday, we were given more excuses for the records not being ready and were informed that if were persistent, his lawyer would be contacted.
Being completely new at this position and on a HOA board, I was in total shock of the reply. I am ready to call the Sheriff at this point. Can anyone give me guidance as to the steps we may take as the new BOD in this matter?

KirkW1 (Texas)
Posts: 1,665

Posted:

You need to establish a relationship with a lawyer and let him contact the president. If you don't get the records within a reasonable time then you will need to file a suit.

As a note, in many states all owners have a right to view the records of the association. Many HOAs also state this in the governing documents as well.

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Questions:

1. Do you have a Property Manager? If so, it probably(?) has copies of most of the important stuff.
2. Do your docs mention who is keeper of the HOA records? Ours lists the Secretary.
3. Do you have any reasons to think ExPrez is attempting to hide something? If so, what?

Comments:
4. Send ExPrez a registered letter stating the situation up until now, and set a date for transfer of the docs.
5. Let him call his lawyer if he wants. As a now-non BOD, ExPrez has no valid claim to HOA docs, if he ever did.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Everyone is right. Get a lawyer to send the creep a registered letter with a response date otherwise he might as well start preparing to go to court for release of the records. Chances are that they are so screwed up and many are probably not even in his presence. He might have done business with a good ole boy handshake, therfore there are no records. In the wrose case scenerio, you might be starting from scratch unless there was anything written down by the other Board member.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Why should an HOA be stopped in its tracks because of the actions of ONE person?

Your Secretary should have a file containing all important papers, including the minutes, with attached Treasurer's Report.

The Annual Metting of the Members minutes and end of year financial report should be in the Secretary's possession, also, along with most Board members and of course the Treasurer. And each Member should have a copy of all this.

Banks can create copies of past reports, too.

So what info does this person have that is so important?

AnnS3 (North Carolina)
Posts: 2

Posted:

We are a small community that volunteers are very few and far between to serve on the Board. Much to our misfortune the President and the Secretary/Treasurer are husband and wife and they have HOA checkbook and all other documents. As of today, thanks to everyone's comments, I have sent a certified letter to the President requesting the documentation and check book and have set up legal representation if necessary. I also have located the bank that the HOA deals with, and have changed the signature card over to the present officers so that no checks can be written. We now will just wait to see if he responses by the deadline date I have given him. Worst case, we order new checks and start over.
I greatly appreciate all of the input. I know now that the BOD have to work on getting our bylaws and covenants revised to elimnate this issue happening again.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Ann,
First thing to change should be that no President and Treasurer /Secretary may be related. Many States do not allow that to happen per theri Statutes and Laws. That is very dangerous and let us hope that is not what has happened to your association.

SusanW1 (Michigan)
Posts: 5,202

Posted:

There should not be related persons on the board.

Close the checking account and open another one ASAP.

This does not sound good, at all.

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