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WilliamS1 (South Carolina)
Posts: 113
Posted:

I have been our HOA president for the last ten months. During our meetings, we talk over homeowner problems and agree that the MC is to send a letter to address it.

Several times, I have called the MC's secretary, weeks later, to ask if a letter was sent, and have recieved the response "oh yea" or "I think so".

I was wondering if it is unusual or overbearing to ask that a copy of each letter either be emailed or mailed to my home for my or the BOD's records sake?

Thanks
William
JosephW (Michigan)
Posts: 882
Posted:
By all means, go ahead and tell them. They're your agent, and you have a basic responsibility to know what they're doing (or not doing) in the board's name. You're going to have to evaluate their performance at contract time, and their timeliness with correspondence would be one of the areas evaluated.

One association I work with now requires management to provide an e-mail copy (document attached to e-mail) of all correspondence (when sent to the owner) and the management report, with all attachments, including financials, to be sent on a CD prior to the board meeting. They want everything digitalized for their archives, but it also forced management to have everything ready at least a few days before the meeting, giving the board the opportunity to review it in advance, which shortened the meeting. Management didn't object after they realized how much meeting time was saved.

Joe

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CharlesW1 (Georgia)
Posts: 826
Posted:
WilliamS1,

I’ll be interested in reading all of the responses you may get on this particular topic. Good question. I personally think so. I feel that your HOA is paying for their service they should be able to present the BOD with something.
Keep us all posted.
Chuck W

Charles E. Wafer Jr.
BrianB (California)
Posts: 2,820
Posted:
i would think a copy in the hands or files of the board of any correspondence is an absolute must.
BradP (Kansas)
Posts: 2,640
Posted:
William:

They work for you right? By all means you should have it and demand it. If they refuse then they are not the right company for you.
AndreaW (North Carolina)
Posts: 57
Posted:
We are also a new HOA, so i am not sure we have been receiving copies of all correspondence from the MC. If we do request this information for the BOD records, what locale should they be kept? Would it be appropriate to keep them at our clubhouse on file rather than in the hands of only one BOD member? Please advise. We do have a small office and have room for the files to be placed.
RogerB (Colorado)
Posts: 5,067
Posted:
All records of an incorporated HOA should be filed with the Registered Agent. If the HOA has a MC then the Management Agreement usually specifies that the Registered Agent is the Managing Agent. A Board policy to have the Managing Agent copy all email and mail correspondence regarding violations to a designated Board member (or members) should be included in the Management Agreement. I think it is important to keep the BOD updated which is much more important than maintaining BOD's unofficial records.
WilliamT (Arizona)
Posts: 489
Posted:
How long should records be kept available in the MC office before being filed in boxes and placed in storage?

Thanks,

Bill

RogerB (Colorado)
Posts: 5,067
Posted:
Bill, we keep the current year and previous year's hard copy records in file cabinets filed in folders by subject with each month on top of the previous month. Every March we transfer the two year old data to file boxes which are maintained in boxes in secure storage which is readily available. Digital data are backed up on the hard drive and periodically on CDs. The CDs are filed with the hard copies.

In this manner we can access all data at all times.
WilliamT (Arizona)
Posts: 489
Posted:
Thanks Roger, that sounds like a reasonable system that works for the MC and for members needing to see older files.

Bill
JosephW (Michigan)
Posts: 882
Posted:
Let me just reiterate - your management company should be able to provide you digitalized versions of all documents. If they can't then they should be moving in that direction and you should prod them along a little. Second, you want to see where they physically store your records when they are moved from the management company's office. I've seen them stored in rental garages, in the MC's president's basement, and even once in a converted barn with no security, fire alarms, sprinklers or even protection from roof leaks.

As a recommendation, CD's should only be kept for 5 years before they are re-mastered on to a new CD or whatever the new format is at that time (CD's go bad). You should make copies of the CD's (or DVD's) so that they aren't all in one location. I would recommend that the Secretary have one set for reference and one be placed in a safety deposit box at the associations bank, or somewhere else, off-site, that is secure.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal

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