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NancyM2 (California)
Posts: 249
Posted:
Roger and blogers
You might remember me, I was complaining about the over 35 redaction's on our HOA's financial's I have recieved. At last months BOD meeting I presented then with a summary of all the redaction;s along with the civil code 1365.2 which clearly spells out the guidelines for legitimate redaction's. I questioned who was responsible for these decisions. The Mgmt Co. told me that they were, as they had guidelines to follow. I assumed they meant the Davis Stirling Act 1365.2 ~ However our "in house" attorney assured me she would look them over to see if the redaction's were appropriate.

At last night's BOD meeting our "in house" attorney said she had given our Mgmt Co. guidelines to follow for redaction's and that they (the Mgmt Co)had been a little over zealous in doing so. Therefore after viewing the redaction's our "in house" attorney said that she found NONE of the redaction's were necessary. It sure makes me wonder what kind of advise we are getting from our Mgmt Co. However I do suspect they fell on the sword for this attorney (which is a personal friend). I have been told by a insider that this attorney was the one that was doing all the redactions, as she wanted to keep certain information from me.

NancyM2
RogerB (Colorado)
Posts: 5,067
Posted:
Nancy, I would suggest hiring an attorney who is not "friends" with your MC.
RogerB (Colorado)
Posts: 5,067
Posted:
Nancy, I forgot to congratulate you for your excellent work. HOA's need people like you
HaroldS (Arizona)
Posts: 906
Posted:
Good detective work Nancy! This would seem like a good idea to look for another management company and/or attorney. Your board was relying on and paying for their expertise. Can you trust the information provided by these two in the future? Harold
KathyS (California)
Posts: 145
Posted:
Nancy,

I find it necessary to go to our Board meetings with Davis-Stirling in hand. The management company we have also gives out wrong information or completely forgets information that is valuable to the homeowners.

Everyone in California should know the DS Act states the management company does not have to work in the best interest of the association. In other words, they can work in their best interest and many do.

Kathy
NancyM2 (California)
Posts: 249
Posted:
Kathy; I understand the Mgmt Co is there to advise us and to keep us within the perimeter of the law. The Davis Stirling Act 1365.2 has very clear guidelines to follow referring to financial's. I question why it was necessary for our "in house" attorney to give our Mgmt Co. her version of guidelines unless the intention was to hide information. I have been questioning these redaction's for two years now, and have been getting the run around. I only got ugly about them after I discovered (quite by chance) a check issued for work done on the "in house" attorneys grandmothers residence.

At the last meting when our "in house" attorney announced she had reviewed these redaction's and that "her words" none of them were necessary (translated means inappropriate or illegal) I felt I had won my battle. However no one in the room understood this because of the way she worded it. Since I am not of the nature to sue our association (myself and neighbors) I was happy for that small crumb. The good news is on the last financial's recieved, their was NO redaction's

Thank you for your interest.
NancyM2
HaroldS (Arizona)
Posts: 906
Posted:
Kathy and Nancy - I don't know about California or other states, but in Arizona management companies do not need to be licensed, and they are not included under the new state agency with oversight of HOAs. Anyone can declare themselves an HOA management person. But it boils down to the board being ultimately responsible for any actions or in-actions of their employee - the management company and/or their attorney.
So in Arizona it is only the board which is taken before the Office of Administrative Hearings. This is unfortunate because the board relied on the management company for direction and advice. Ultimately the board and its members and not the management company will pick up the cost if the OAH rules against the board. Harold

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