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Subject: Redactions on financial reports
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NancyM2
(California)

Posts:249


07/14/2006 8:04 AM  
In previous postings I have asked for feedback on what constitutes "attorney client privilege" or reasons for redactions on financial's I request. (their are always many)

Recently I discovered a check our HOA cut for work done on our attorney's grandmothers residence. The board claims it was overlooked, and was a mistake. However they didn't overlook it long enough to redact that item from the financial's I received. I looked it up in the tax records(they didn't redact the address) I asked our Mgmt Co for an explanation as to why a check was cut for our attorney's grandmother. They stalled me long enough(two weeks) so it could be brought up at the next general meeting, which I was unable to attend. saying ~ O Gosh ! we must have overlooked this mistake. But did publicly thank me for discovering it. I requested a written reply from our MC, as I was unable to attend the meeting. This is what I recieved back after a lengthy "thank you for discovering the mistake" letter

(exact quote) as for the redacted material ~ any expert reference that still has attorney client privilege attached with it is redacted. The experts were never revealed in ***** as the litigation did not get to that point so it is acceptable to still redact information related to that matter. As far as the other information redacted it was done for privacy issues. If there are further concerns regarding the materials redacted and methods, please address directly with the board at the next meeting.(end of quote)

The ***** refered to in their reply is the line item the grandmothers check was under. It was a case that never made it to court, because they settled on a fix and the fix has been completed. The privacy issues they refer to are addresses in our community that had a geological report done on.

By the way ~ did anyone catch the "don't call us, we will call you" sentence in there.

I appriacate any feedback

Nancy M.
NancyM2
(California)

Posts:249


07/14/2006 2:03 PM  
Apparently not many HOATalk readers have had a lot of experience with redaction's on their financial's (that's a good thing) Perhaps I should have asked if anyone out in cyber-space felt I had enough here to consult with an attorney, so I could confirm what is considered a legitimate redaction in the state of Calif ~ with the Davis Sterling law in place.

Again I thank all of you.

Nancy M.
BradP
(Kansas)

Posts:2640


07/15/2006 6:36 AM  
Nancy:

We don't have an attorney on staff and have not been in any lawsuits yet so I have no experience with redacted financials. I would however seriously question what they have done.
NancyM2
(California)

Posts:249


07/15/2006 1:38 PM  
Brad,

In compiling my information, I have 8 financial's I've recieved over the last couple of years, I have counted 35 redaction's on these ranging from Bankruptcy expense, late fee income, collection income, geological reports, "O YES" even Ombudsman's salary ~ all redacted, along with other line items.

I haven't complained before as I was looking at the larger picture when examining our financial's. Every since I discovered the check cut for work done on our attorneys grandmothers house (also a redacted item) "O YES" it was a mistake (a redacted mistake) I am looking a little closer, and questioning why so many redactions.

Thank you for your interest, and posting

Nancy M.
BradP
(Kansas)

Posts:2640


07/15/2006 3:12 PM  
Nancy:

you have a right to be suspicious. I am no expert on the law but I would question all of them, especially the ombudsman's salary. Heck anyone in america can find out what my salary is where I work if they send a letter to the right place, as a member of your hoa I think you have a right to see that and everything. Be careful as you turn over the rock, you will probably find a snake.
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