Information request
I have sent a records request into my HOA. My request was for the activity logs for the HOA website, who posted, who removed access, etc. I asked for the information for the last 4 months, as that is how far back the records can be pulled. The board president is demanding to know why I am requesting the data and what I hope to find out from that data. She provided me with 4 days worth of the logs (not the 120 days I requested) and is refusing to provide anything more. She is now planning on calling an executive session meeting for the board to discuss my records request. I have not filed any paperwork regarding a lawsuit, nor have I filed a complaint with ADRE, yet…. I do not believe they plan on meeting with their attorney during the executive session, just holding a meeting that they will keep me from attending. What advice can you give me? I am trying to prepare myself as this will be happening next week. I realize I may have to file a complaint, but what information can I use to prevent the board from holding an illegal closed meeting?
Thanks!
Mary
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Mary,
Associations are required to provide access to association records within 10 days. The information that you requested could very easily be argued is not an association record and I would agree with that argument. Unless the association board produces that report and reviews that report on a routine basis it is not an association record. The association has no obligation to produce that report based on a records request. A record has to exist in the form requested to be enforceable under the law. Because such a report can be created with a few keystrokes, does not mean that the association needs to create it simply because you asked. The fact that the association provided you anything at all on this request simply shows that they are trying to give you what you asked for even though they were not required to do so. That actually impresses me, as it is so non-typical. If you were to attempt an ADRE petition you would simply be throwing $500 away and costing the association money that they did not need to spend. You will lose on this issue.
If the association does in fact, hold a closed meeting on this issue they will be violating the law as it does not satisfy the 5 exceptions for open meetings. The most you can do to prevent it is to simply remind them that they must still notice the closed meeting and identify the specific exception to the open meeting that allows that meeting to be held. A records request from you does not constitute person information about you and no contemplated or pending lawsuit is involved. They are free to hold such a meeting to get legal advice from an attorney if they so choose. If I were you i would simply tell them that you are withdrawing your records request so there is no need to have a meeting on the issue.
Dennis