We requested info. and now the board wants my address
Hi, we are in a 188 SFR community. 20 of us sent a signed letter requesting information about how our money is being spent (they raised dues without a vote at a higher amt. than allowed, and took out a $1.88 million dollar loan against our community claiming we voted for it, but nobody remembers doing that). We also asked when our walls will be fixed (they’re crumbling away to the point that they will collapse and one woman had a rat come into her house through a hole). Also, they want to spend our $$$ relandscaping the common areas AND our personal front yards (we own) instead of fixing the walls. Anyway, I emailed them the letter and sent it certified. They saw my name on the email and now want my address. We are worried about retaliation. They are also saying that I (as in only me) sent the letter and they know this because everyone else in the community likes them (not true, people literally hate them). They won’t release the info. unless I give them my personal address. Can they do this? Also, the president said he’s been living in CO in another home, but he’s still on the board? Can they do that?
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Candra,
You are justified in assuming that everything your association or its managing agent is telling your community is wrong or a blatant lie. You are entitled to see any and all financial records of the association so they cannot deny you ability under the law. You have to be specific on your request for records however. As for the special assessment you CC&Rs typically require a supermajority of homeowners to approve that assessment. Determine exactly what your CC&Rs require then ask the association for the meeting minutes from the owners meeting or ballot initiative where the owners approved that assessment. This is very important because the current law does not address special assessment and your governing documents dictate. Whatever they require then the association must comply with that requirement of the assessment is invalid and unenforceable. I’ve just recently worked extensively with a community where the association board did exactly that declared without a vote of the members that each homeowner would be assesses a $11,200 special assessment in direct violation of the CC&Rs. The homeowners united in opposition and agreed to file a class action lawsuit against the association in parallel with a petition to recall the entire board. The Recall was successful this past week and a new board elected and one of their many first orders of business will be to cancel the illegal assessment and remove both the community manager and the associations attorney. The new board will still have to address the maintenance needs of the community and work with the community on a strategy to get that done prudently and effectively as soon as possible.
As for the residency requirement for board members that depends on the governing documents. State law does not require full time residency only that they are an owner of record for the community.
The most basic requirement of any HOA or Condominium is to have a listing of all owners for all units or lots in the community. If they don’t have this they are so totally screwed and incompetent that are most likely to do what you are afraid of. It clearly is time that your community stand up and take back control of your own community by either removing the bad actors that are controlling the board or remove the entire board and all the paid advisors to that board that are leading them astray.
Dennis