HOAleader.com - Tip of the Week - March 30, 2018
Published: Fri, 03/30/18
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Owner Wants Violations Records — To Use Against Your HOA: What to Do?
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In this week’s tip, we address a question raised by a reader, who essentially wants to know if owners can request to see notices of violation to other homeowners. The reader also says the owner may be seeking that information to use it against the association. Would that affect how you should respond?
Here’s how two states address such requests:
California
“In California, we have the Davis Stirling act, which includes a highly specific list of association records that members are entitled to get,” states Alex Noland, CCAL, founder of Noland Law in San Francisco, which represents about 100 community associations throughout California. “If a record isn’t on that list, the association isn’t required to provide it. Some records are considered enhanced association records, such as cancelled checks, and you can redact those to prevent identity theft.
“Also in California, you’re not entitled to get information on other lots or other proceedings, and discipline is an executive session topic,” adds Noland. “Executive session deals with issues of confidentiality, privacy, or the publication of embarrassing personal facts. If what the owner is being accused of is false, maybe also defamation.
“I always tell boards and managers to never release anything,” says Noland. “But that doesn’t mean that if a lawsuit is filed, everything’s not discoverable unless you can claim some sort of privilege.”
Florida
“Basically under Florida law in the HOA and condo statutes, what constitutes an official record to which the owner has the right to access is quite all encompassing,” states Christopher J. Shields, a partner at Pavese Law Firm in Ft. Myers, Fla., who’s represented associations for decades. “Except for records subject to the attorney-client privilege, and with respect to certain confidential information, such as Social Security numbers or information gleaned or received from applicants seeking to rent or live in the development, basically everything else is open to access.”
There’s a reason for that approach. “A person who’s been sent a letter from the association or the association’s counsel saying they’re in violation of the governing documents might want to show selective enforcement or the waiver of enforcement of that provision,” says Shields. “To do that, they’d want to seek information with respect to other violations and how those were dealt with.
“There’s also a new provision that took effect July 1, 2017, that requires that the association provide to purchasers notice of any written violations that apply to the unit,” adds Shields. “The association should state whether they’re buying a piece of property that’s been subject to that.”
We’ve also got information on how another state requires this issue to be handled. Read that and more about the challenges this topic raises for boards in our new article: https://www.hoaleader.com/members/3701.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Violation History and HOA Records Requests: What to Know
An HOAleader.com reader asks: Chapter 209 Texas Residential Property Owners Protection Act 209.005(c) and (k) discuss making books and records available for examination. The code states in section (k) that it's 'not required' to release violation history, and a property owner wants a copy of the violation history along with addresses.
Click here to read full article:
https://www.hoaleader.com/members/Violation-History-HOA-Records-Requests-What-Know.cfm
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HOA Board Members and Fiduciary Duties: What You Must Know to Fulfill Your Duty to Your Association and Protect Yourself from Personal Liability
When you volunteered to serve your community association as a board member, did you realize you were agreeing to set aside your own interests and act as a fiduciary on behalf of the entire association? Are you confident you know every scenario where you might trip up and expose yourself to personal liability by failing to live up to this important duty? Set aside an hour of your time to learn what you need to know and ensure you're not risking your own financial security by making common--but easily avoidable--mistakes while volunteering as an HOA board member. Join us for in an in-depth webinar on April 26.
Click here to read full article:
https://www.hoaleader.com/products/hoa-board-fiduciary-duties-webinar-a.cfm
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HOA Committee Chair Flat Out Refuses to Step Down. Wait, What???
What else would you expect of a rogue committee chair when you ask that person to step down? Of course that person will go rogue, right?
Click here to read full article:
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How to Undo This Mess, or Who Can Remove an HOA Committee Chair?
An HOAleader.com reader asks, I've been the president of our board of directors for one year now, and I've served on the architectural control committee for 2.5 years. Our bylaws state that the president will designate the committee chairperson, so I appointed a newly elected director as the ACC chairman but remained on the committee to provide experience and continuity.
Click here to read full article:
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Click here to read full article:
https://www.hoaleader.com/members/When-You-Can-Cant-Undo-Prior-HOA-Boards-Action.cfm
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