Getting records and files from resigning board members
Our HOA recently had our president resign from the board. He has been hesitant to provide copies of electronic files that are under his control (records received from old management companies before we self managed). He says I have ‘most’ of the files and if I tell him what I don’t have, he will get them to me. I don’t know what I don’t know so I asked for a listing of what he does have so I can make a list, and also asked for copy of all electronic files. So far he has ignored that request. What obligation does he have to turn over HOA files and records to the current board? Is that an Arizona statute requiring he turn things over? What do you suggest? We are a small HOA on a shoestring budget, so we hope to resolve this without hiring an attorney. Thank you!
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Mary,
While no specific statute exist for planned communities or condominiums. there are statutes under the non-profit corporations act that required the corporation to maintain business and financial records for the life of the corporation. Those laws apply whether you are professionally managed, or self-managed you must maintain all meeting minutes, all contracts, and the financial records for the community. There is no choice here either he turns over all records that he has, or he can be held personally liable in court. Any homeowner has a right to see any record of the community and they ask you and you don’t have it the association is in violation of the law.
This is not about being nice in a small community it is about protecting the community from liability and compliance with the law.
What you can learn from this is that association records no matter how small a community you have are important and must be securely retained for the life of the corporation.
Dennis