How To Access HOA Records
ONE UNIT OWNER WRITES:I missed our last board meeting and requested a copy of the financial reports.I was advised by our management company I could go to their office [45 minutes drive] and would have to pay $75 for an administrative fee.
RESPONSE: Presume this management company does not have a web site to post your common interest communities documents. CIOA, Chapter 828 Sec. 47-260 does state an association may charge a reasonable fee for providing copies of any records under this section and for supervising the unit owner’s inspection. It also states “A right to copy records under this section includes the right to receive copies by photocopying or other means, including copies through an electronic transmission if available upon request by the unit owner.
However,Sec. 47-250 also states “If any materials are distributed to the executive board before the meeting, the executive board at the same time shall make copies of those materials reasonably available to unit owners, except that the board need not make available copies of unapproved minutes or materials that are to be considered in executive session.”
We would suggest requesting your Board of Director’s assistance. In the world of technology, sending a PDF copy of financial reports should not be an issue for any company in 2020. The response from management seems unreasonable and not in keeping with the tenets of ‘transparency’.
You may wish to contact the Department of Consumer Protection to register a complaint although we do not believe they can intervene on this matter.
You may also contact CAI-CT to find out if this management company is a registered member. CAI-CT provides educational programs for condo communities and the businesses that serve them in keeping with their slogan “Building the Best Communities in Connecticut .
Since Board meetings are open to the membership and members have an opportunity to ask questions or make requests & comments, should they not be able to request “additions or corrections” to the minutes before they are approved by the board? And if the board does not want to do as requested, should not the refused request be included in the minutes of the subsequent meeting?
I have been in court for 5 years requesting repairs I was denied by board members after they collected insurance money to repair my units I was also denied financial records 5 years for repairs!! What do attorneys do in court for 5 years? 5 years yes people 5 years the attorneys are so friendly with each other’s every time they see each other they do what they want if you ask them to file motion for fraud they will reply ohh do you want to bankrupt the majority owners? And they will not file the motion they keep you hostage them in the end they tell ohh if we go to trial the judge will rule against you they play mind games making you feel insecure even when you have all evidence and documentation of insurance payments lol my experience shared
I am not sure where you are with this, but you could have asked for mediation. I had the same problem with my condo after several roof leaks due to snow freezing on my roof which they did not clear. I ended up fixing the damage and then requested mediation through my lawyer. They reimbursed me for the repair cost and had to take care of repairing the roof where there was still a leak. And they had to fix the damage from that leak also.
As for the financials record they have to give you access if they don’t provide them on a monthly basis. Chapter 828 Sec. 47-260 of the common Interest law explains this. Sec. 47-250 also states “If any materials are distributed to the executive board before the meeting, the executive board at the same time shall make copies of those materials reasonably available to unit owners, except that the board need not make available copies of unapproved minutes or materials that are to be considered in executive session.” Give notice via a letter with a return receipt to your management company that you will be showing up at a Date and Time to inspect the books and that you will be requesting copies to be made. You will have to pay for those copies, your Byelaws should state if there is a cost for requested records. I would bring another person with you as a witness if they deny you access an affidavit from the witness is better than a he said she said. If you have had the repairs done and the cost are less then I think it is $3000.00 you could take the association to small claims court.
I would also show up to every board meeting requesting that your unit be repaired if you have not yet done that, even if they are virtual. It helps to get your story out to other owners.
I have a simple rule in life “I expect to be treated equally” if I am not then I will become that pain in the ass. Not an annoying ass, but the ass that uses the law to his advantage. Use the law to your advantage, read through the Common Interest Law and then read through it again. I find pulling out sections that relate to the problem I am having is good ammunition to get to the end result.
Fire your lawyer he/she is not working for you. Hope this helps.