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Subject: HOA - Developer/Family Board (Since 2005)
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Author Messages
MichaelB50
(Louisiana)

Posts:19


10/26/2020 8:16 AM  
Inquiring for suggestions how to proceed; I am a HOA member in a over 100 resident home SD in Lafayette Parish, LA. The SD still has lots for sale and more land to bring in to the SD in the future. Since establishment of the LLC (Non Profit), "no one" has been graced with seeing any financials of the HOA. Many have over the years requested this via eMails and mail. The Board just does not respond with any credible answer. This year - 2 responses - I will send them to you when my taxes are done. I will have to hire an accountant to do this and you will have to pay for this service. Two responses from over 20 inquires of members that I know of. I moved here in 2016 and this strange activity has baffled me as well as others. What is recourse in Louisiana for our situation of not knowing where the HOA funds are being expended?
SheliaH
(Indiana)

Posts:3670


10/26/2020 10:06 AM  
Usually, the developer can do whatever it wants until the association is turned over to the homeowners. Although you have a board, the developer can overrule them, so you may be stuck for now. Nonetheless, check the documents you get at closing - there may be something in the sales documents that entitle you to certain information from the developer upon request. That may be the information you'll need to cite in your request.

If you find something, send it via certified mail with a return receipt requested, and specify when you want to hear something (7-10- business days should suffice, but remember November has election day, veterans day, and thanksgiving to consider). You might also want to contact other homeowners and work together to get some information - start with an income/expense statement. If you still can't get anything, you may have to band together to hire an attorney to see what rights you may have, if any.
MichaelB50
(Louisiana)

Posts:19


10/26/2020 10:16 AM  
The Board is the Developer; The members are he, his son and his daughter. I feel you are right - he has the power; The only option to pursue is the financials. For a non-profit LLC, I am hoping he is obligated by Louisiana Law to show us the receipts and expenditures. However, he refutes this by just not replying back to our emails to see them.
GeorgeS21
(Florida)

Posts:3601


10/26/2020 10:29 AM  
MichaelB,

I don't have the history chops of many - but, I don't think I have heard of a development being built as a non-profit LLC ... here is a link with a summary - don't think I understand this fully, but sounds like it might be a high bar for your developer ...

https://www.legalzoom.com/articles/can-an-llc-be-a-nonprofit
AugustinD


Posts:4828


10/26/2020 10:43 AM  
Posted By MichaelB50 on 10/26/2020 10:16 AM
The Board is the Developer; The members are he, his son and his daughter. I feel you are right - he has the power; The only option to pursue is the financials. For a non-profit LLC, I am hoping he is obligated by Louisiana Law to show us the receipts and expenditures. However, he refutes this by just not replying back to our emails to see them.
I do not see anything in the Louisiana HOA Act that will help. If this is a nonprofit corporation, then you have a lot of rights as a member of it regarding the viewing of records. See https://casetext.com/statute/louisiana-revised-statutes/revised-statutes/title-12-corporations-and-associations/chapter-2-nonprofit-corporation-law/section-12223-corporate-records-and-reports

If you cannot identify whether this is a nonprofit corporation, then you should spend the money on an attorney.
SheliaH
(Indiana)

Posts:3670


10/26/2020 11:38 AM  
You say the community is still developing, but the developer won't provide any details on where the money's going. That worries me because when developers aren't completely candid about the money, it can mean the money's getting quite funny (and not in a good way). How close is your community to being finished - that is what percentage of homes (if you know) have been built? COVID has turned nearly everything to horse dooky, so a slowdown in buying homes and getting them built may have a role.

Consider what your fees are supposed to pay for - when you look around your community, do you see any signs of problems? For example, if the community's supposed to have a clubhouse with a swimming pool, has that been built? Can the homeowners use them? Are they being maintained? Consider your own home - are there things the developer promised that hasn't been done and you've been going round and round with them?

You and your neighbors may want to take careful notes of all this because the developer may decide at some point to bail, leave the community to the homeowners, who will then find out THEY have to pick up the tab for getting things completed, like sidewalks. That could lead to a lawsuit that will take time and more money, and not necessarily a guarantee it'll get resolved.
JohnC46
(South Carolina)

Posts:10366


10/26/2020 1:01 PM  
Typically a Corporation must present a Yearly Financial Statement. How in depth it must be is another issue. In Declarant controlled Associations the ones I have seen are very basic and do not even fill one sheet of paper.
JohnC46
(South Carolina)

Posts:10366


10/26/2020 1:08 PM  
ATTACHED IS A FINANCIAL REPORT ONE DECLARANT USED:


Attachment: 110268343171.xls

MichaelB50
(Louisiana)

Posts:19


10/26/2020 1:11 PM  
TY for response; At inception of SD, Developer had a spread in town newspaper promoting all the amenities - to date, nothing has been provided; No clubhouse, no retail shops, no tennis courts; He did build a swimming pool on a personal lot this past March completion - separate LLC; And advised HOA members via letter that if we elected to use the pool, the monthly fee would be $75 versus the $55 with no pool use. But the pool is on his personal LLC which is a tract of land adjoining the SD LLC; He has not brought in that lot with pool into the SD LLC yet and probably will not. We can only presume the pool was not built with HOA funds. His son in law (Contr) got the permit for the build and built the pool. So, it appears his letter wanted us to believe the pool was actually for the HOA. Very suspicious feelings by all the residents.
MichaelB50
(Louisiana)

Posts:19


10/26/2020 1:16 PM  
LOL - at this point, we would welcome a 'one pager'.........
AugustinD


Posts:4828


10/26/2020 1:33 PM  
Posted By MichaelB50 on 10/26/2020 8:16 AM
I am a HOA member in a over 100 resident home SD [snip]
I believe "SD" stands for "subdivision." [Yes, veteran hoatalk posters, I am rolling my eyes.]
MichaelB50
(Louisiana)

Posts:19


10/26/2020 1:53 PM  
We have 3 LLCs involved here:
1. X LLC -This is the developer's personal LLC - he (Developer)and his wife on file; Has acreage adjacent to the subdivision; I think at one time the whole plot of the SD was in this LLC and he transfers x acreage into the XY LLC (SD LLC)
2. XY LLC - This is the Subdivision LLC - the Developer and his wife on file; We have 149 houses on site and about 16 lots for sale; All the lots are recorded as owned by this LLC in the Assessor's office
3. XYZ LLC - This is the HOA LLC on file with Developer, his son, his daughter as Board members; It is classed as a Non Profit with the LA Sec of State.
MichaelB50
(Louisiana)

Posts:19


10/26/2020 1:53 PM  
Rolling eyes: Sooooo are we!
AugustinD


Posts:4828


10/26/2020 1:58 PM  
Michael, you have called this a "HOA." Do either the Bylaws or the HOA's Declaration say anything about HOA members being able to review financial statements of the HOA?
AugustinD


Posts:4828


10/26/2020 1:59 PM  
Michael, in the Bylaws or Declaration, this typically under a section titled "inspection of records" or similar.
MichaelB50
(Louisiana)

Posts:19


10/26/2020 2:05 PM  
No, I read thru it; It does not mention anything about meetings, voting, minutes, financials, records, etc..
It depicts 1 vote for each lot and 5 votes for SD lots; And in 2/2020, the Parish(County) approved a new street with 53 lots.
- So, vote wise, he has all the votes tied up for many many years, I think.
Since 2005, no one has ever been successful in seeing 'anything' much less anything to do with meetings or voting or minutes...NADA...
MichaelB50
(Louisiana)

Posts:19


10/26/2020 2:24 PM  
I spoke incorrectly; It does meetings in the By Laws; But it appears the Board can have meetings at their discretion even thou it mentions an ANNUAL. There is no mention of viewing reports, financials, etc...
AugustinD


Posts:4828


10/26/2020 2:31 PM  
If this is an LLC of which you are a member*, then the following applies:

Louisiana Revised Statutes Tit. 12, § 1319. Records and information

A. Each limited liability company shall keep at its registered office the following:

(1) A current list of the full name and last known business address of each member and manager, if management is vested in one or more managers pursuant to R.S. 12:1312 .

(2) Copies of records which would enable a member to determine the relative voting rights of the members.

(3) A copy of the articles of organization, together with any amendments thereto.

(4) Copies of the limited liability company's federal and state income tax returns and reports, if any, for the three most recent years.

(5) A copy of any operating agreement which is in writing.

(6) Copies of any financial statements of the limited liability company for the three most recent years.

B. Unless otherwise provided in the articles of organization or an operating agreement, a member may do any of the following:

(1) At the member's own expense, inspect and copy any limited liability company record upon reasonable request during ordinary business hours.

(2) Obtain from time to time upon reasonable demand the following:

(a) True and complete information regarding the state of the business and financial condition of the limited liability company.

(b) Promptly after becoming available, a copy of the limited liability company's federal and state income tax returns for each year.

(c) Other information regarding the affairs of the limited liability company as is just and reasonable.

(3) Demand a formal accounting of the limited liability company's affairs whenever circumstances render it just and reasonable.

C. Failure of the limited liability company to keep or maintain any of the records or information required pursuant to this Section shall not be grounds for imposing liability on any person for the debts and obligations of the limited liability company.

D. Except as otherwise provided in the articles of organization or an operating agreement, a limited liability company and its members, managers, and agents may recognize and treat a person registered on its records as a member, as such for all purposes, and as the person exclusively entitled to have and to exercise all rights and privileges incident to the ownership of such membership interests.  Rights under this Section shall not be affected by any actual or constructive notice which the limited liability company or any of its managers, members, or agents may have to the contrary.

See
https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-12-sect-1319.html
and
https://codes.findlaw.com/la/revised-statutes/#!tid=N8510DE60925D11DABCFBB239E7E899B7


*"member" is defined as "a person with a membership interest in a limited liability company with the rights and obligations specified under [Chapter 22 of the Louisiana statutes].
MichaelB50
(Louisiana)

Posts:19


10/26/2020 2:42 PM  
From my readings, I sensed that we have those rights since it is tagged as a LLC (Non Profit) with the Sec of State. Good to see detail by detail what is our right as a paying member. I suspect two options: 1. Address issue with Parish (County) District Attorney (I expect them to punt). 2. Hire an attorney
I already laid out the issue with the LA Attorney Gen office - reply was hire an attorney.

I know if we have to hire an attorney, we will need at least 20 plus to input $ as this will not be inexpensive. AND the HOA will hire an attorney and pay those fees with our dues.

Sooooo, not the greatest choices.

AugustinD


Posts:4828


10/26/2020 2:56 PM  
MichaelB50, Earlier in this thread you seemed to indicate you are not a member of the LLC. If you think you are a member, then send the following letter to the registered agent of the LLC (as listed at the Secretary of State site), certified mail, return receipt requested:

Dear Board of Directors,

Pursuant to Louisiana Revised Statutes Tit. 12, § 1319, I wish to view the following financial statements from the last three years:

(a) the last twelve months of monthly profit/loss statements
(b) the last twelve months of balance sheets
(c) the last three years of federal and state tax returns
(d) a formal accounting of the status of the LLC

By November 15, 2020, please let me know when I may view these records.

Thank you,

name
address
phone number
email address

Once you hear back, report here with the response. If there is no response by Nov 15, also report back here.


The District Attorney handles criminal complaints. What you have is a civil complaint. I believe this is so even with Louisiana's curious system of laws.


MichaelB50
(Louisiana)

Posts:19


10/26/2020 3:01 PM  
Correct - I am only a member of the HOA LLC as a paying dues member as a resident...

I will gladly do... This will be my 3 attempt - in writing - to get a response; Although my previous attempts only addressed - I would like a copy of financials and will be glad to come to the office to view when you have them ready and what date - NO RESPONSE...

I will definitely keep you posted...
TY
GeorgeS21
(Florida)

Posts:3601


10/26/2020 3:08 PM  
Take it to the state - repeatedly.

And, send the broad background to multiple components of the state government, including representatives at the state level.

Find a hungry reporter in the local area and see if you can sic them on the story.

Now - this is important - be damn well accurate in anything and everything you say and/or write.
JohnC46
(South Carolina)

Posts:10366


10/26/2020 3:13 PM  
I have been a member of 5 or so HOA'S in 3 states. I like HOA living. That said, two one of my bits of advice are: Never buy in until all promised amenities are in place. Never buy in until the last 20% or so as by then you can get a handle on where the place is going.
JeffT2
(Iowa)

Posts:578


10/26/2020 4:07 PM  
Posted By MichaelB50 on 10/26/2020 8:16 AM
Since establishment of the LLC (Non Profit), "no one" has been graced with seeing any financials of the HOA.



Michael, can we please establish if your HOA is really truly an "LLC". Do those letters "LLC" appear anywhere in the name or documents of your HOA? OR do you just mean that it is incorporated as a nonprofit?
JeffT2
(Iowa)

Posts:578


10/26/2020 4:09 PM  
Posted By AugustinD on 10/26/2020 2:31 PM
If this is an LLC of which you are a member*, then the following applies:

Louisiana Revised Statutes Tit. 12, § 1319. Records and information

A. Each limited liability company shall keep at its registered office the following:

(1) A current list of the full name and last known business address of each member and manager, if management is vested in one or more managers pursuant to R.S. 12:1312 .

(2) Copies of records which would enable a member to determine the relative voting rights of the members.

(3) A copy of the articles of organization, together with any amendments thereto.

(4) Copies of the limited liability company's federal and state income tax returns and reports, if any, for the three most recent years.

(5) A copy of any operating agreement which is in writing.

(6) Copies of any financial statements of the limited liability company for the three most recent years.

B. Unless otherwise provided in the articles of organization or an operating agreement, a member may do any of the following:

(1) At the member's own expense, inspect and copy any limited liability company record upon reasonable request during ordinary business hours.

(2) Obtain from time to time upon reasonable demand the following:

(a) True and complete information regarding the state of the business and financial condition of the limited liability company.

(b) Promptly after becoming available, a copy of the limited liability company's federal and state income tax returns for each year.

(c) Other information regarding the affairs of the limited liability company as is just and reasonable.

(3) Demand a formal accounting of the limited liability company's affairs whenever circumstances render it just and reasonable.

C. Failure of the limited liability company to keep or maintain any of the records or information required pursuant to this Section shall not be grounds for imposing liability on any person for the debts and obligations of the limited liability company.

D. Except as otherwise provided in the articles of organization or an operating agreement, a limited liability company and its members, managers, and agents may recognize and treat a person registered on its records as a member, as such for all purposes, and as the person exclusively entitled to have and to exercise all rights and privileges incident to the ownership of such membership interests.  Rights under this Section shall not be affected by any actual or constructive notice which the limited liability company or any of its managers, members, or agents may have to the contrary.

See
https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-12-sect-1319.html
and
https://codes.findlaw.com/la/revised-statutes/#!tid=N8510DE60925D11DABCFBB239E7E899B7


*"member" is defined as "a person with a membership interest in a limited liability company with the rights and obligations specified under [Chapter 22 of the Louisiana statutes].



This appears to be under the heading of a "professional occupational therapy corporation." We might have the wrong section of statute.
MichaelB50
(Louisiana)

Posts:19


10/26/2020 4:30 PM  
I went to the Sec of State site and validated the following:

1. The HOA is a INC. and registered as a Non-profit with the Sec of State. (Sorry for the mistake; It is not a LLC)
- Board listed with State is Developer, his son and his daughter
2. The other 2 entities - (Last name of Developer) Development, LLC is the Developer's personal adjacent acreage - it is a LLC - with he and his wife listed.
3. "Y" Development, LLC is the Subdivision. This is a LLC with Developer and his wife listed on state site.

So, 1 corporation and 2 LLCs - the Corporation being the HOA of which I, a resident, is a dues paying member.
MichaelB50
(Louisiana)

Posts:19


10/26/2020 4:31 PM  
FOR CLARITY:

I went to the Sec of State site and validated the following:

1. The HOA is a INC. and registered as a Non-profit with the Sec of State. (Sorry for the mistake; It is not a LLC)
- Board listed with State is Developer, his son and his daughter

2. The other 2 entities - (Last name of Developer) Development, LLC is the Developer's personal adjacent acreage - it is a LLC - with he and his wife listed.
3. "Y" Development, LLC is the Subdivision. This is a LLC with Developer and his wife listed on state site.

So, 1 corporation and 2 LLCs - the Corporation being the HOA of which I, a resident, is a dues paying member.

Sorry for previously depicting the HOA as a LLC - it is a INC (Corporation)
AugustinD


Posts:4828


10/26/2020 5:31 PM  
Posted By MichaelB50 on 10/26/2020 4:30 PM
I went to the Sec of State site and validated the following: 1. The HOA is a INC. and registered as a Non-profit with the Sec of State. (Sorry for the mistake; It is not a LLC)
Grrr. The section of the Louisiana Revised Statutes you want, pertaining to nonprofit corporations' records, is Title 12, Section 223. https://casetext.com/statute/louisiana-revised-statutes/revised-statutes/title-12-corporations-and-associations/chapter-2-nonprofit-corporation-law/section-12223-corporate-records-and-reports

Here's a new letter for you to send.

Dear Board of Directors,

Pursuant to Louisiana Revised Statutes Tit. 12, § 223, I wish to view the following financial statements from the last three years:

(a) the last twelve months of monthly profit/loss statements
(b) the last twelve months of balance sheets
(c) the last three years of federal and state tax returns

By November 15, 2020, please let me know when I may view these records.

Thank you,

name
address
phone number
email address

Once you hear back, report here with the response. If there is no response by Nov 15, also report back here.


AugustinD


Posts:4828


10/26/2020 5:37 PM  
Posted By JeffT2 on 10/26/2020 4:09 PM
<
This appears to be under the heading of a "professional occupational therapy corporation." We might have the wrong section of statute.
Well one of us looked up something wrong. See Title 12, Chapter 22, Part III, Section 1319 as given at https://codes.findlaw.com/la/revised-statutes/#!tid=N8510DE60925D11DABCFBB239E7E899B7 . I think I quoted the correct Louisiana law for LLC's members' right to records.

Though it's moot, because praise the lord and you're pressing the issue, the OP discovered his HOA really is a corporation.

I am thinking of asking the moderators to require people to complete a form (and do some homework for crying out loud) before they are allowed to post here.
JeffT2
(Iowa)

Posts:578


10/26/2020 5:42 PM  
This is from the LA nonprofit Corporation Law. The penalty section says the district attorney can bring an action, or if the corporation acts in bad faith (refuses inspection) then you may be reimbursed for legal expenses to enforce your rights to inspection.

§223. Corporate records and reports

A. Every corporation shall keep at its registered office (1) records of the meetings of its members and directors, and of committees of the board, share and membership records giving the names and addresses of the members in alphabetical order by classes and series and the number of shares held by each, and records of its assets, liabilities, receipts, disbursements, gains, losses, capital and surplus; and (2) separate records of all trust funds held by it. Whenever membership is terminated, this fact shall be recorded in the share or membership record together with the date on which the membership ceased, and transfers of shares shall similarly be recorded.

B. The records listed in subsection A of this section may be in written form or in any other form capable of being converted into written form within a reasonable time.

C. Every shareholder and voting member may examine in person, or by agent or attorney, at any reasonable time, the records of the corporation listed in subsection A of this section.

D. If the articles or the trust instrument so provide, every corporation shall, within ninety days after the close of each fiscal year, mail an annual report, signed by the treasurer, to its members concerning any trust funds held by it, and the use made of such funds and the income thereof during such fiscal year.

And:

§264. Penalties

A. If any corporation, or officer, director or agent of a corporation, should violate any of the provisions of subsection D of R.S. 12:205 or subsection A or D of R.S. 12:223, it or he shall be fined not more than one hundred dollars for each violation, recoverable in an action brought by the District Attorney of the parish in which the corporation's registered office is located.

B. Any corporation, or any officer or agent thereof, which or who shall in bad faith refuse to permit the exercise of inspection rights pursuant to R.S. 12:223(C), shall be liable to the member or members seeking to exercise such rights to the extent of the costs and expenses of any proceeding necessary to enforce such inspection rights, and for any other damages actually sustained by such member or members.

C. Any corporation, or officer, director or member thereof, which or who attempts to exercise any corporate power, privilege or franchise after annulment, vacation or forfeiture of the corporation's articles and franchise pursuant to the provisions of R.S. 12:262, shall pay for each such attempt a penalty of not less than one hundred dollars nor more than one thousand dollars, recoverable in a civil action by the Secretary of State.
AugustinD


Posts:4828


10/26/2020 5:53 PM  
Posted By JeffT2 on 10/26/2020 5:42 PM

§264. Penalties

A. If any corporation, or officer, director or agent of a corporation, should violate any of the provisions of subsection D of R.S. 12:205 or subsection A or D of R.S. 12:223, it or he shall be fined not more than one hundred dollars for each violation, recoverable in an action brought by the District Attorney of the parish in which the corporation's registered office is located.

B. Any corporation, or any officer or agent thereof, which or who shall in bad faith refuse to permit the exercise of inspection rights pursuant to R.S. 12:223(C), shall be liable to the member or members seeking to exercise such rights to the extent of the costs and expenses of any proceeding necessary to enforce such inspection rights, and for any other damages actually sustained by such member or members.

C. Any corporation, or officer, director or member thereof, which or who attempts to exercise any corporate power, privilege or franchise after annulment, vacation or forfeiture of the corporation's articles and franchise pursuant to the provisions of R.S. 12:262, shall pay for each such attempt a penalty of not less than one hundred dollars nor more than one thousand dollars, recoverable in a civil action by the Secretary of State.
Now we're talking.

Michael, mention Section 264 as well in your sugary sweet letter to your upstanding HOA Board.
MichaelB50
(Louisiana)

Posts:19


10/26/2020 5:55 PM  
I will AugustinD - and TY too, JeffT2........
JeffT2
(Iowa)

Posts:578


10/26/2020 6:38 PM  
Posted By AugustinD on 10/26/2020 5:37 PM
Posted By JeffT2 on 10/26/2020 4:09 PM
<
This appears to be under the heading of a "professional occupational therapy corporation." We might have the wrong section of statute.
Well one of us looked up something wrong. See Title 12, Chapter 22, Part III, Section 1319 as given at https://codes.findlaw.com/la/revised-statutes/#!tid=N8510DE60925D11DABCFBB239E7E899B7 . I think I quoted the correct Louisiana law for LLC's members' right to records.

Though it's moot, because praise the lord and you're pressing the issue, the OP discovered his HOA really is a corporation.

I am thinking of asking the moderators to require people to complete a form (and do some homework for crying out loud) before they are allowed to post here.



You're right, it is LLC, not the occupational thingy law. I was looking on the LA gov website that runs all the laws together. Not the easiest state, Louisiana.
AugustinD


Posts:4828


10/26/2020 6:46 PM  
Posted By JeffT2 on 10/26/2020 6:38 PM
Not the easiest state, Louisiana.
I too struggled to locate the applicable statutes and sections. Way more so than other states. We won't even get into the whole case law is Thee Law in Lousiana, except for: "Law in the state of Louisiana is based on a more diverse set of sources than the laws of the other 49 states of the United States. Private law—that is, substantive law between private sector parties, principally contracts and torts—has a civil law character, based on French and Spanish codes and ultimately Roman law, with some common law influences.Ώ] Louisiana's criminal law largely rests on American common law."

I do like how the corporate records statute section requires the District Attorney to get involved when a nonprofit corporation like an "aytch oh ay" violates the record inspection laws. The OP kind of got this one right.
AugustinD


Posts:4828


10/26/2020 6:49 PM  
Posted By AugustinD on 10/26/2020 2:56 PM

The District Attorney handles criminal complaints. What you have is a civil complaint. I believe this is so even with Louisiana's curious system of laws.
God I got this one wrong. Only in Louisiana, newbies. See Jeff's excellent post.
MichaelB50
(Louisiana)

Posts:19


11/07/2020 7:36 AM  
AugustinD, JeffT2, et all:
Update:
Mailed letter on Monday - HOA signed for on Friday and on Friday pm received an email
saying attached is partial listing of HOA duties that $ are spent on; Also said that
the Board Pres was working on the other questions.

Sooo, partial success; Listing was interesting and is attached:

Next update to follow with another response or no response by 11/15th
MichaelB50
(Louisiana)

Posts:19


11/07/2020 7:48 AM  
Do not know why attachment is not showing up?

Attachment: 111748317971.doc

AugustinD


Posts:4828


11/07/2020 7:49 AM  
Thank you for the update, MichaelB50.
AugustinD


Posts:4828


11/07/2020 7:50 AM  
Posted By MichaelB50 on 11/07/2020 7:48 AM
Do not know why attachment is not showing up?
The attachment opened fine (as a MS Word document) in my browser.
MichaelB50
(Louisiana)

Posts:19


11/07/2020 7:52 AM  
Yes, TY - I see it showed up
MichaelB50
(Louisiana)

Posts:19


11/24/2020 7:50 AM  
Update: The registered letter was sent to the HOA with a 15 day notice - requesting time to view Financials of the HOA. The only response was a listing of HOA duties (posted above comment section) and in email saying working on other questions(financial request). So, the following Monday, I visited the Lafayette Parish DA and presented the historical storyline of the HOA (since 2005, still Developer held by Father, son and daughter on the Board) of stonewalling any Member request for financials. The DA listened intently and said he had not engaged in this scenario and was not aware of DA involvement per LA law cited in registered letter to the HOA. He asked for additional docs of By Laws n INC papers - delivered to his office the next day - that was a week ago. Members of HOA were apprised of action I initiated with Register Letter. Some expressed desire for help to contact the DA individually to lobby for his action - showing they, too, have been breached by the HOA by its action (rather inaction). Elderly asked for help in a letter format. I designed this form letter (Attached) and provided to Members via our FBook neighborhood page. At least 20 notified me they have sent individual letters or the form to the DA.
Next Step: Presume to give DA 2 weeks (1st week in December) to soak up scenario and receive many individual letters of concern of HOA inaction and than, make contact with him again.
Comments?

Attachment: 11124501180571.doc

AugustinD


Posts:4828


11/24/2020 8:16 AM  
MichaelB50, wow, with one important caveat, what a great organizing effort. The caveat: I think your draft letter for other members contains many potential complaints over which the DA has zero authority. Per R. S. 12:264, the DA's involvement should occur only when there is a problem with (1) the corporation keeping certain records and (2) members' records requests, per 12:223 A and C. By my reading, the DA has no power over the many other items your draft letter (as provided today) lists. To have legal standing, these other members have to have actually made records requests. In my opinion, you and other members should submit a short letter stating when each of you made a records request; what the records request was for; and how long it has been since there was no response.
MichaelB50
(Louisiana)

Posts:19


11/24/2020 8:21 AM  
TY
Many Members noted they included cc of their email request for viewing Financials and the few that have received an HOA response have included the 'working on it' response also. So, the DA should have ample Members supplying backup. I sense we have a lower than 50/50 chance of action. Buttt, its a start...
AugustinD


Posts:4828


11/24/2020 8:45 AM  
As long as your group is focused on actual records requests, I think it's an excellent start.

I think all letters to the DA should cc the HOA.
MichaelB50
(Louisiana)

Posts:19


12/28/2020 12:58 PM  
Update:

District Attorney is in receipt of many letters (20 plus) from HOA members decreeing their personal message of issues with HOA Board non-responses to Financial Inquiries. He has advised me he is retiring and he will brief the new District Attorney after swearing in (Jan 8th) of the issue of our HOA. So, mid to late January I hope to hear of direction of the new Dist. Attorney.
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