Document request when delinquent

I have a homeowner that is over a year and a half delinquent in dues and they just recently set up a payment plan to pay it off.

the wife has contacted the association demanding two years worth of books and records including all financials and all invoicing and GL's be sent to her. We have a state law that allows for inquiry in to the purpose of the request and the ability to deny it if it is a vidictive request etc. Have no intention of denying the request nothing to hide in any case. but the reason given is to see what expenses went up because "she has checked other associations around her and their dues are not as high". this is a typical statement with no basis in a factual review of the individual associations that we hear quite regularly from those who are delinquent.

All of this is background to the question. the amount of documentation she is asking to be copied and mailed will be horrendous at least 10 reams of paper If I had to guess for all of last year and this year. there will be costs associated with this for the time to retrieve and copy all the documentation as well as the costs of the copies and mailing would be by the box. this is a large aged association that has a lot of activity every month and therefore a lot of invoicing etc. by the way they owe just short of $4000 and it took filing a foreclosure action to get them to to the table to sign a payment agreement that they have yet to comply with, although first payment is not due until next month.

OK the question is why would the association agree to all of this with a cost in the hundreds when they can't pay their dues and haven't for over a year and a half? I am inclined to ask the attorney and the board if it is reasonable to require that they pay off their balance first before this activity is performed for them. the theory being not to hide anything or harm them in any way, but if they can pay hundreds of dollars for documents that they are unlikely to understand and can't do anything about anyway they need to use that money to get their dues paid in full and the attorney fess.

You DO recognize this as a diversion, don't you?

Continue to invoice them for their past due amounts and take the collection of that debt to the fullest.

That overdue bill has NOTHING to do with all the paperwork she is asking for.

Be sure to document everything for the record.

I think the fact that they have been delinquent and are now on a payment plan is moot.

They could very likely make a case that the HOA was being vindictive.

Does the state law allow for the resident to come on-premises and view the documents in the office? If so, that might be an option.

From there she can copy what specific documents she feels she may want or need.

Brian,

Everyone charges for copies. All government offices, county, city, and HOAs should be no different. Florida Statutes allows for that as well as several other States. The fees should be made known ahead of time and have a schedule of the cost known to the members. This one, even at $.05 is up in the rediculous amount. I would definitely let the H.O. know what it will cost and ask her to specifically state what she is looking for. And definitely control when and where she can come to observe while they copy. Don't let her off the hook with a free presentation of the office's hard work.

Brian,

Great advice from you and others here. Someone said add it to the amounts they owe...NOT. Why would you extend credit to a deadbeat?

I think it's general practice that members have "access to" all documents. This means they can set an appointment with the secretary and visually inspect what they want to see.

People who want to take copies of HOA documents should expect to pay for them.

Steve,

That's right, in most instances the members have a right to inspect the books and records. That right is stated in my bylaws, and also in the statutes specific to HOAs. Are you saying this right is not granted to the members in your bylaws and MA has no state laws addressing inspection of records?

OUr HOA as well as my former HOA had this right spelled out in the docs. We did (as the HOA), however, have the right to establish a reasonable and convenient time for said audits. I always found that simply offering up a list of available times (when the books and someone to show them were available) and requesting that the interested party schedule a time seemed to dry up the interest immediately. Everyone gets disappointed when they are sure you are hiding something, and you openly welcome them to look. In 12 years of Presidential or Board duties, I had 2 members actually come by and look.

What about digital records?

Wouldn't it be easy to just copy the necessary files and mail them (CD or email)?

I would also believe that their request for the information should be viewed separate from their delinquency. Have them pay the reasonable fee, if allowed by law, prior to the copying.