Homeowner association - access to accounting

2 Replies

Hi Guys,

Quick question: A condo association manager has been very reluctant in giving me access to the accounting of the association. This plus the fact that the building is in a rather poor state leads me to believe that the revenue from the HOA fees and coined operated laundry machines may be going in someone's pocket rather than in maintaining the building. As an owner, can I legally require to access the condo association accounting docs? I asked for the bylaws and my contact told me there is none which I find hard to believe

Tks for your reply

Something feels fishy to me. Are you an owner now, or just looking at buying a unit? Your answer makes a difference regarding access to the records. If there is an HOA it has to be registered with the state (in my experience which is only TX, CA, CO) and the by-laws should be recorded at the county recorder's office, again in my limited experience this is always the case.

Who is your "contact"? The head of the HOA is required by law to give you access to all records going back to the founding of the HOA. HOAs are like corporations in that they are required to have periodic meetings, this is spelled out in the by-laws, and to keep minutes of those meetings and budget discussions and written budgets. Those documents, like corporate records are PERMANENT. It's not your tax files where you might clean them out after 10 years, they cannot be cleared out.

If the HOA is out of compliance I would not buy into the unit and if there and they don't comply with your legitimate requests you'll likely have to sue them.

BTW, I used to own a lot of property in Houston TX which has no zoning so everything was in an HOA, I've served on HOA boards and been president of HOAs twice including my current residence in CO. I've been involved in several lawsuits, both as an officer and a resident and I've NEVER been on the losing side in any of them.

By-laws are just that, LAWS, as I told the guy who replaced me on my local board here. They're not by-SUGGESTIONS, they're by-LAWS. The president of the board cannot pick and chose which ones to obey and ignore.

Good luck and let us know what happens

TKs Frank. I am the owner of one apt in that condo...I ll try to access the info based on your feedback

Anyhow, I have learned my lesson and plan on staying away from buying apt/house part of an association!

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