Jump to content
Sign in to follow this  
susanwilliams

HOA Possessive Secretary

Recommended Posts

My husband recently was elected HOA President.  He wants to review neighborhood records and has asked the former president for them (she used to keep all records at her home).  She said the records were given to the Secretary of the Board and that's where they belong.  He asked the Secretary and she refuses to give him any access to them.  How should he demand the records?  He was legally elected with more than half the neighborhood's votes. Thanks.

Share this post


Link to post
Share on other sites

 

1 hour ago, susanwilliams said:

He asked the Secretary and she refuses to give him any access to them.

 

On what basis/bases?

 

 

1 hour ago, susanwilliams said:

How should he demand the records?

 

I don't really understand what this question means.  We obviously have no way of knowing (but your husband should know) if the HOA's by-laws cover this issue.

Share this post


Link to post
Share on other sites

The basis is that many homeowners are out of compliance on ACC related issues.  Our CCRs state that any homeowner can enforce CCRs on another owner and several have threatened lawsuits.  He needs to determine who is out of compliance and why.  The Secretary has all the ACC records.

 

Since he is President, doesn't he have the right to access the records?

 

Thanks.

Share this post


Link to post
Share on other sites

I believe that pg1067 meant on what basis was the Secretary refusing.

 

17 minutes ago, susanwilliams said:

Since he is President, doesn't he have the right to access the records?

 

We've never read the bylaws but it would be strange that the President wouldn't have such access.

Share this post


Link to post
Share on other sites
13 minutes ago, susanwilliams said:

He needs to determine who is out of compliance and why

 

He doesn't need "records." Presumably he has his copy of the CC&Rs. He's free to walk the community, take photos of non-compliance, and go from there.

 

14 minutes ago, susanwilliams said:

Since he is President, doesn't he have the right to access the records?

 

Sure. But having the right to something doesn't mean you are going to get it.

 

Where are the other board members on this matter? He's going to need their cooperation to enforce the CC&Rs. And put pressure on the Secretary for the records.

Share this post


Link to post
Share on other sites
3 hours ago, susanwilliams said:

The basis is that many homeowners are out of compliance on ACC related issues.

 

The intent of my question was to ask on what basis or bases the secretary is refusing to give your husband access to the records.

Share this post


Link to post
Share on other sites

We speculate she was hoping a homeowner wouldn't volunteer for the President position and she was hoping Property Management would be hired.  She is making his work difficult in order to get him to resign so she can continue with her own agenda.  Her excuses are:  "There are piles of paper and I haven't organized them yet", "It will be difficult for me to carry them to to the meeting", "I need time to organize and sort them", "I don't think I can find what you need".  We are aware the previous President was meticulous and the records were in good order, sorted in sub-folders and easy to sort through.  We saw her pull info from her files 6 months ago and witnessed the organization she had put into place.  It took her seconds to find whatever was requested.

Share this post


Link to post
Share on other sites

The conduct you're describing likely justifies the dismissal of this secretary, so if I were your husband, I'd be souring the by-laws to find out how to make that happen.  He also can and probably should consult with a local attorney.

Share this post


Link to post
Share on other sites
1 hour ago, susanwilliams said:

she was hoping Property Management would be hired. 

How much money does the HOA handle on a regular basis? Has a full account been done recently?  I ask because there could be other reasons she is trying to hide things.

 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...