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Subject: HOA FINES
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Author Messages
StephenO4
(New York)

Posts:7


01/07/2020 11:23 AM  
Can a new Hoa board fine the outgoing president for noncompliance in returing records and Hoa property.
AugustinD


Posts:2411


01/07/2020 11:29 AM  
Posted By StephenO4 on 01/07/2020 11:23 AM
Can a new Hoa board fine the outgoing president for noncompliance in returing records and Hoa property.
I doubt this is something the governing documents authorize. But it is something for which the HOA board could seek injunctive relief. This happened at a former HOA of mine. A former President was holding onto property of the HOA. The HOA had the HOA attorney write letters of demand. The former President refused to return the items. The HOA took the former President to court and won.
GeorgeS21
(Florida)

Posts:1877


01/07/2020 12:26 PM  
What Augustin said.

Write letters, ensure have receipt of registered delivery, find attorney, pay attorney to write first letter, then pay attorney big bucks - see what happens.
SheliaH
(Indiana)

Posts:2882


01/07/2020 12:45 PM  
And if you need to sue the old president to blast the information out, don't forget to ask for legal costs and attorneys fees as part of your lawsuit.
MelissaP1
(Alabama)

Posts:8922


01/07/2020 4:03 PM  
What do you consider the HOA records that they are taking? It would seem that your MC if you have one should have a copy. Are these the only copies of the HOA?

I was accused of stealing the HOA records myself. It was quite funny because the records were nicely organized INSIDE the clubhouse closet where they held meetings! The new board had the key to the door and everything.

However, there are some records that one is allowed to keep copies of. We gave out copies of our financial statements to our members. I kept a copy myself. That didn't make it a HOA copy to be returned back when I left. I had the right to view these records and keep a copy if wanted. I just could not keep the ONLY copy that existed.

Former HOA President
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