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Subject: BOD's Old Business/Meeting Files
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Author Messages
ReneeD
(Illinois)

Posts:201


02/07/2006 8:40 PM  


Is it mandatory for any former BOD member to relinquish Board business information/files especially if the information was maintained on their personal computer equipment e.g., tracking projects either on-going or completed, etc., because it was known at the time the current MC's PM lacked organizational/supervisory skills when projects were done. Does the current BOD have any recourse to collect this information even though it is now outdated? -ReneeD
EdR
(Texas)

Posts:170


02/08/2006 4:27 AM  
I don't know the legal answer to this (but I don't think there are any laws governing ANYTHING to do with HOAs, PMs, MCs, etc. anyway--that's why they are such a mess), but if you did the work without pay (as a volunteer), why give it up. When I did the newsletter and directory, I purchased the desk top publishing program, there was a MC who wanted to do all of that and charge the HOA a fortune, but they cannot keep up with who is moving in and out, much less prepare a directory or N/L, so when I left the board, they wanted the spreadsheet of addresses and I conveniently ignored them and still do. They can't obtain volunteer info, and if it were subpoenaed from me, it would all disappear anyway. Sell it to them for $1M--it's your work and not your fault they can't be efficient and accurate.
EdR
EdR
(Texas)

Posts:170


02/08/2006 7:17 AM  
ReneeD:
The other was answered quickly by me, but I'd like to add--when I was secretary of the board before I progressed up to VP, I prepared the Minutes, signed them (after they were approved by the Board at the next meeting) and gave them to the (management company) MC to record in their files/office. Once, the MC made a big deal about not having all of the Minutes in the record book. I had proof (emails) with the corrected Minutes attached--what was needed was my signature. It turned out that the MC was getting the president's signature anyway, but they had lost (or whatever they do with them) all of the Minutes I had sent. They lose other very important documents also--like all of the ballots voting to amend our CCRs regarding parking on the street (although the signed, notarized document (which could only be recorded if the court clerk saw them to begin with) is in the court's records--there are no votes/ballots to back up that 75% signed to approve amendment). These kinds of things are happening in our assoc. because the president is now in cahoots with the MC, and they are looking for scapegoats. The sad part of not having laws governing anything against the HOA is that there is also nothing governing anything FOR the HOA.
Bottom line--the MC is paid to keep records (in our contract they were), and many other duties. That takes the responsibility off the Board members. And, it sounds like they are expecting you to do the job that they get paid for doing. I know you probably are in another state than TX, but here, if there is a MC, record keeping is their job, not the board's.
EdR
RogerB
(Colorado)

Posts:5067


02/08/2006 8:40 AM  
ReneeD, EdR answered your question. I would add if you are incorporated, your state has regulations on maintenance of records of the association by its registered Agent. Our management agreement specifies the MC person who shall be the registered Agent. Thus we are responsible to maintain and have available for inspection the association's records.
There are guidelines or rules on the time duration to maintain each type record.

Often the President of some associations with a MC maintains a separate file with such things as the MC agreement, other contracts, insurance policy, tax returns, etc. This file (box)is passed on to the next President.

RogerB
ReneeD
(Illinois)

Posts:201


02/08/2006 9:37 AM  
Thank you Roger/Ed for your response to this posting as it has been on my mind for sometime now (2 years now and twice defeated rerunning for a Board position; plan to run again this year) as to whether I should or shouldn't "hand over" these files to them. They even had the audacity to send me a threatening letter from the attorney. For all the on-going projects within our association I kept detailed records--right down to color coding of what and who and when things were started and completed. Although when I was on the Board the then Board members approved payment to me when I updated a map of our subdivision. But now I regret having shared hardcopies with every Board member and some electronic files with the Property Manager because I pretty much performed the PM's job of maintaining/updating these files. Now, we have a website and there are some forms/letters I created that are being utilized. Do I have any rights to go after them for using forms I created even though it is Association business?
RogerB
(Colorado)

Posts:5067


02/08/2006 10:03 AM  
ReeneD, give them only what you want - they belong to you. But once you give them rcords, forms, maps, etc., they become public records of the association to use as they see fit unless you specified in writting otherwise.

You do have the right to go after them but don't waste your time, efforts, and money. I would turn the other cheek and say "how can I help?"

RogerB
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