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06-28-2005, 08:43 PM
| | Junior Member | | Join Date: Jun 2005
Posts: 7
| | | HOA Board not providing requested documents What is the name of your state? California
Our HOA board denied our request for an improvement via a letter from the HOA board's lawyer. The lawyer cited a couple Articles from the current CC&Rs, and two letters they claim to have sent, which we never received. We sent a response letter to the lawyer asking her specifically how our request violated the current CC&Rs, and for copies of the current CC&Rs and the letters that were sent to us (our copy of the CC&R is from 1991 when we bought our condo). We have also since sent a letter to the management company requesting a current copy of the CC&Rs and the two letters. Both the lawyer and the management company have been non-responsive.
Question: Aren't we entitled to a current copy of the CC&Rs, especially when they are cited for a denial to our request, yet we can't even see what they say (and in the massive monthly dues/fees we pay, shouldn't we at least see what the rules are for living where we do?)? And, to two letters they claim they sent but we never received? We'll pay for the postage and copy costs. Within what timeframe? It's been 30 days. | 
06-29-2005, 09:05 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by eeglas What is the name of your state? California
Our HOA board denied our request for an improvement via a letter from the HOA board's lawyer. The lawyer cited a couple Articles from the current CC&Rs, and two letters they claim to have sent, which we never received. We sent a response letter to the lawyer asking her specifically how our request violated the current CC&Rs, and for copies of the current CC&Rs and the letters that were sent to us (our copy of the CC&R is from 1991 when we bought our condo). We have also since sent a letter to the management company requesting a current copy of the CC&Rs and the two letters. Both the lawyer and the management company have been non-responsive.
Question: Aren't we entitled to a current copy of the CC&Rs, especially when they are cited for a denial to our request, yet we can't even see what they say (and in the massive monthly dues/fees we pay, shouldn't we at least see what the rules are for living where we do?)? And, to two letters they claim they sent but we never received? We'll pay for the postage and copy costs. Within what timeframe? It's been 30 days. |
**A: did you not post this before? | 
06-29-2005, 09:17 AM
| | Junior Member | | Join Date: Jun 2005
Posts: 7
| | | HOA board not providing requested documents I did post the question before to know our rights. I am now getting so frustrated with this vindictive board I apparently can't see straight, as the saying goes. The board/management company is still not providing the requested documents (current CC&Rs and copies of letter they claim to have sent). How do we make them send these things to us without a confrontation in court (costly and time consuming just to get something we should have a right to). Going to the management company office is not very convenient as they are about an hour away -- if they are supposed to give us these when we request them, and we are willing to pay postage and copy fees, how do we force the issue? The person assigned to our HOA at the management company won't take our calls, so we've never discussed this with her in person. Sorry for the seemingly double post -- but the first post was in the line of "what are our rights?" and this one is "how do we get what we rightfully can get?" | 
06-29-2005, 09:33 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by eeglas I did post the question before to know our rights. I am now getting so frustrated with this vindictive board I apparently can't see straight, as the saying goes. The board/management company is still not providing the requested documents (current CC&Rs and copies of letter they claim to have sent). How do we make them send these things to us without a confrontation in court (costly and time consuming just to get something we should have a right to). Going to the management company office is not very convenient as they are about an hour away -- if they are supposed to give us these when we request them, and we are willing to pay postage and copy fees, how do we force the issue? The person assigned to our HOA at the management company won't take our calls, so we've never discussed this with her in person. Sorry for the seemingly double post -- but the first post was in the line of "what are our rights?" and this one is "how do we get what we rightfully can get?" |
**A: time to hire an attorney. | 
06-30-2005, 01:26 AM
| | Member | | Join Date: Sep 2003 Location: anywhere
Posts: 102
| | Quote: |
Originally Posted by eeglas What is the name of your state? California
Our HOA board denied our request for an improvement via a letter from the HOA board's lawyer. The lawyer cited a couple Articles from the current CC&Rs, and two letters they claim to have sent, which we never received. We sent a response letter to the lawyer asking her specifically how our request violated the current CC&Rs, and for copies of the current CC&Rs and the letters that were sent to us (our copy of the CC&R is from 1991 when we bought our condo). We have also since sent a letter to the management company requesting a current copy of the CC&Rs and the two letters. Both the lawyer and the management company have been non-responsive.
Question: Aren't we entitled to a current copy of the CC&Rs, especially when they are cited for a denial to our request, yet we can't even see what they say (and in the massive monthly dues/fees we pay, shouldn't we at least see what the rules are for living where we do?)? And, to two letters they claim they sent but we never received? We'll pay for the postage and copy costs. Within what timeframe? It's been 30 days. |
Maybe they sent it to you...can you possibly pick the HOA stuff from the management office if nearby ?? are people from the same HOA having the same problems ? if so time to bout this HOA and as HomeG said time to hire an Attorney
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