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Sometimes, the only way to get an HOA’s attention is to show them you’re serious.
Today, we’ll meet a homeowner who shares a strategy for dealing with boards that refuse to turn over records they’re legally required to provide.
First, the homeowner suggests checking the governing documents and finding out exactly what owners can request.
Then, they recommend having an attorney ready before making the request.
If the HOA ignores the deadline, that attorney can step in and push the issue.
Read on to learn more about the process.
[All][CA] A strategy to get your HOAs attention
One of the giveaways of a bad HOA is that they won’t give you access to books and records, if only to spite you.
One way to get their attention is to get an attorney on board with your plan to sue the HOA for failure to produce books and records in a timely manner (as specified by law).
Timing is critical here, so it pays to have your attorney lined up and ready to go.
Here’s how the process starts.
One thing most trial attorneys are familiar with is document requests, as this task is one of the first things done prior to going to trial.
So what you do is examine your governing documents to find out what documents you are allowed access to (pretty much most of them) and how soon they are legally required to provide them to you.
Once you have this all lined up, you request your documents from the HOA, like all the receipts for legal expenses or a copy of your HOA insurance policy (to provide to your personal agent for comparison/coverage).
Thanks to the insurance company, the HOA will most likely not fight it.
Then, when they don’t respond in a timely manner, your attorney sends a letter or serves them for court.
What should happen next is the HOA provides the aforesaid documents with a statutory penalty from them to you, as well as reasonable fees for your attorney’s services.
While the HOA could try fighting it, the insurance company would likely step in and remind the HOA that it owes those documents under the law and chastise them to behave properly in the future.
Wow! That’s great information for anyone in that situation.
Let’s see if the folks over at Reddit have ever done anything like this.
According to this comment, hiring an attorney can be a waste of money.
Here are some other agencies you can call.
This person’s HOA is on top of things.
If you enjoyed this post, check out this story about a frustrated tenant whose landlord says she can only move out with her roommate.
Here’s how it works in Florida.
This could be a good way to get an HOA to finally pay attention.
However, before threatening a lawsuit, homeowners need to make sure they actually understand what records they’re entitled to and how long the board has to provide them.
Then, if the HOA still refuses to cooperate, getting an attorney involved may be the best option.
Sometimes, knowing the rules better than the board does is the best place to start.
