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ShelleyD (Florida)
Posts: 42
Posted:
I am a board member of our homeowners association and some of the members have asked me to get the books so that we can review them. I was just told by our President that as a board member I cannot see them but as a homeowner I can at a cost of $150.00 per hour. I have caught them messing with the books and have already gone to the county prosecutor and he was the one that told me to get the books. They have been refusing for months now. Can anyone out there tell me if there is a charge to look at the books. Thank you for your reply.

Shelley
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By ShelleyD on 03/28/2009 2:38 PM
Can anyone out there tell me if there is a charge to look at the books. Thank you for your reply.

Shelley

Sometimes, yes.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Shelly - if you are on the board, simply motion that an audit or audit review be done.

You need to pull in an outside "expert" to "look over" the books. Unless you have the expertise to do an audit, it is inapprpriate for you to "get the books." - and what do you mean by that? checking account statements and checkbook?

JosephW (Michigan)
Posts: 882
Posted:
YOu're are a board member of the association. You have the right to inspect any and all records of the association, at any time. At the next board meeting, request whatever records you wish and the cost (copy only) should be a charge to the association, not you (if you request them independently, or outside the board, a case could be made that you are asking for them as an owner, not as a board member.) Since Michigan doesn't have an HOA law, the Non-profit Corporation Law would probably apply:

450.2485 Books, records, and minutes.

Sec. 485.

A corporation shall keep books and records of account and minutes of the proceedings of its shareholders or members, board, and executive committee, if any. Unless otherwise provided in the bylaws, the books, records, and minutes may be kept outside this state. The corporation shall keep at its registered office, or at the office of its transfer agent within or without this state, records containing the names and addresses of all shareholders or members, the number and class of shares held by each shareholder or the class or classes of membership held by each member and the dates when they respectively became holders of record thereof or members. Any of such books, records, or minutes may be in written form or in any other form capable of being converted into written form within a reasonable time. A corporation shall convert into written form without charge any such record not in such form, upon written request of a person entitled to inspect them.

Make sure your request is in the minutes. Follow it up with a written request, quoting the section above. If they don't allow you review the financial statement, and the supporting documents you ask for, then write the association's attorney, giving the details.

Susuan is right, you don't necessarily take possession of the actual books, but you should be able to see them, inspect them and get copies of them.

Joe

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LaverneB (Florida)
Posts: 79
Posted:
Shelly, in Florida , no way any home owner can see the books. But read you docs..I welcome our residents to come and see our books.Also you may have to hire a lawyer
AnnaD2 (Florida)
Posts: 960
Posted:
Laverne, in Florida owners are allowed to inspect records when properly requested. The only thing they're not allowed to inspect is anything which may be information that "identifies" another homeowner.
LaverneB (Florida)
Posts: 79
Posted:
Yes Ann you are correct on that
MaryA1 (Arizona)
Posts: 7,043
Posted:
Shelly,

As Joseph says, as a member of the assn you have the right to inspect the records of the assn. I might add that applies whether your ask to see them as a board members or just a member. In fact, a board members shouldn't have to pay to see any of the assn's records.

An audit of the assn's financial records should always be performed by a licenses CPA, IMO. If you have accounting or at least bookkeeping experience you should be able to look at the financial statements and other records and make some determination as to whether some foul play has been going on. But a full-fledged audit should be perfomed by a professional and someone who is not an employee of the assn.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I know Mary always catches heat on that recommendation, that a licensed CPA do the annual audit and/or taxes, but I would second that recommendation.

We don't have a lot of vendors or amenities or many other such things, but we have learned the hard way that it's well worth the price of admission.

You can find inexpensive licensed CPAs.

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