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CathyP1
(California)
Posts:2
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| 06/29/2008 7:24 PM |
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| Our hoa board of directors appointed a new president and then the entire board resigned. My question is this: since resigning they have refused to turn over the associations documents. Has anyone else experienced something like this and if so, what can be done to get the associations property turned over to the new board? |
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BruceF1
(Connecticut)
Posts:499
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| 06/29/2008 8:31 PM |
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There has to be more to this.
What new board? Was a new board duly elected? Why did the original board "appoint" a new president and then resign? If they intended to resign, why bother appointing a new president? If they resigned, why do they refuse to hand over the files? Since they resigned, why do they care? Have you asked? What is your role in this? What happened to the president the former board appointed? How many board members? How large is your association? |
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BruceF1
(Connecticut)
Posts:499
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| 06/29/2008 8:33 PM |
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There has to be more to this.
What new board? Was a new board duly elected? Why did the original board "appoint" a new president and then resign? If they intended to resign, why bother appointing a new president? If they resigned, why do they refuse to hand over the files? Since they resigned, why do they care? Have you asked? What is your role in this? What happened to the president the former board appointed? How many board members? How large is your association? |
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CathyP1
(California)
Posts:2
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| 06/29/2008 9:43 PM |
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| More indeed, the board of directors asked someone else to step in as president, he accepted and then the entire board resigned. Now, although they have resigned they have yet to turn over the property of the association. The new president that accepted the position appointed a secretary and a treasurer so that the association business could be conducted. But because nothing has been handed over it is making it difficult to operate. My question was....has anyone else experienced anything like this and if so how did you handle it. What actions did you take to recover records etc? |
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GlenL
(Ohio)
Posts:1301
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| 06/29/2008 10:14 PM |
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You have a big problem; I'm assuming that your HOA is self managed instead of using a Management Company which would have copies. While you can take them to court to make them turn over the documents it's not very practical as you will never get all of them if they even still exist. If the HOA has an attorney I would advise the new BOD to consult with and take his/her advice in this matter. Maybe if a group of concerned homeowners approaches the former BOD in a non-confrontational manor they may see the light and turn them over.
If you suspect embezzlement by the previous BOD the authorities may get involved. Until then while you're waiting for these idiots to come to their senses and do what's right; you need to start re-creating the records as best you can. You can get copies of current contracts from your vendors and copies of the bank records from the bank (probably at a cost) the minutes you may have to start anew with an explanation as to the reason why. Or if you have an accountant they may have some of the records. Whatever you do, the new BOD needs to make provisions to keep this from happening again.
There was one self managed Association near here who awoke to the news that their president and one man band of a board had sold his house and moved. They found piles of the Association records sitting on the curb waiting for the trash collector but they never did find all of them and are still trying to fill in the blanks.
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BradP
(Kansas)
Posts:1742
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| 06/30/2008 7:00 AM |
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| If they are refusing to turn over Glen is right...your recourse is to send the association attorney after them. Either that or hire the A-Team to go in and retrieve the documents. |
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