Board Pres & Vice Pres REFUSE to let rest see bank statements

Beth, what State are you in? Many have laws specific to this issue. In the mean time I would write a letter to the MC or BOD requesting the documents in question, your CC&R's may have this procedure spelled out. Keep the letter professional do not make any accusations or threats, request an answer in writing.

I would think the CC&Rs or the Bylaws would spell out the responsibilities of the board and record keeping requirements. Are you on the BOD? Bring it up at the next meeting. If not, check the CC&Rs and bylaws. You are probably allowed to inspect the financial records "during reasonable business hours". If a phone call won't do it, send the board a letter.

Beth:

Your state law Planned Community Act should provide that Owners can request in writing 1-week's notice to review the financial statements. Document a letter requesting that appointment, pointing to your states Planned Community Act Law and if they do not comply, I would place a call to your State's Attorney General for their failure to comply with your state's Act. An old saying, "If you have nothing to hide, you hide nothing"

Here's the problem with HOA boards or HOA's in general. The problem is that HOA members be it board or general, forget that the HOA money is made up of EVERYONE's money. A HOA is ONLY funded by it's members FOR it's members. The BOARD is ELECTED to REPRESENT the general members needs/desires.
What does this all mean to you and seeing the financial records? It means that those financial records are NOT just for the board's view/control but it is also ALL the members to see. The money spent in those records is yours and your neighbors money. That is why it is your right to view these records.
However, I do want to EXCLUDE COLLECTION records as part of the general membership right to review. A member should be able to view their OWN payment record but NOT of their neighbors.
The best scenerio for what is happening is: Are you a parent? If so, do you let your children see your bank statements? If your children asked, would you allow them? The HOA board is acting much like the "parent" and the general members like the "children". Children are part of the family (association)and a majority of where the household money is being spent.
So as a parent, would you find it difficult to turn over your financial records and allow your children to view? Especially if you know that you may have a charge for intimate lingerie? It's going to take alot of work to convince them to release the records. It means things are going to have to change. The member will now have more power and control of where the money is going. The board will be forced to provide explainations to the members and more approval. So your looking at a "Cultural change" in the end.

We have been members of a homeowner's association for over 10 years and the Board/officers of our HOA have never submitted a financial statement, budget, record of spending, bank statement, or any records what so ever of how our HOA fees are being spent. We tried to boycott the fees but were threatened with a lien on our home so we paid. The officers are always from the same block and are friends (clique) they have elections when most of us are at work and have even chaged the by- laws even though many of s never voted on them. They have hired an arrogant attorney to which I have gone "round" with at meetings. We are very concerned there has been some inappropriete spending and there are many of us ho would like to review all records for the past 10 years. Is this possible?

Kathleen,

It's typically best to start a new thread than to resurrect a thread that is over three years old.

To answer your question:

Per Ohio code 1702.15 and per Ohio code 5312.07 a member of the Association has a right to examine the Association Records. You need to submit a written request to your board and it should specify what documents you would like to see.

There are limitations in what you are allowed to examine. These include:
(1) Information that pertains to property-related personnel matters;

(2) Communications with legal counsel or attorney work product pertaining to potential, threatened or pending litigation, or other property-related matters;

(3) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements;

(4) Information that relates to the enforcement of the declaration, bylaws, or rules of the owners association against other owners;

(5) Information, the disclosure of which is prohibited by state or federal law.

You shouldn't accuse anyone of criminal actions without some sort of proof. Refusing to provide documents is typically not proof of criminal activity.

Additionally, I believe it's the State that would file "criminal" charges.

If records are not produced, one could seek civil relief through the courts.

Oops! Tim, you mentioned the old thread in your first reply to Kathleen and I failed to catch on that she was responding to a thread from 2007.