Association wants payment but refuses request for documentation

[Rooty1]

Idaho

Subdivision road maintenance association sent invoice to all property owners for $500 for road repairs. My written request for a copy of the repair bid was denied because, "The board members are all volunteers and don't have time" to send it to me.

Then, a written request to view the bid in person, per their by-laws, "Books and Records, “All books and records of the Corporation may be inspected by any member or member’s agent or attorney for any proper purpose at any reasonable time" has gone unanswered.

The $500 is due on Monday.

Do I have to pay the bill?

 

[quincy]

Is there a place where you can go to look at the records?

If so, I suggest you go in person on Monday, at a reasonable time, with check in hand, to review the documents. Call first to say you wish to pay in person.

If the $500 is reasonable, you can pay.

 

[Rooty1]

The location of the records is unknown.

 

[PayrollHRGuy]

What does your association agreement have to say about the issue?

 

[Rooty1]

The association's by-laws say, "Books and Records, All books and records of the Corporation may be inspected by any member or member’s agent or attorney for any proper purpose at any reasonable time."

 

[Rooty1]

Aren't by-laws legally binding documents?

 

[quincy]

Aren't by-laws legally binding documents?

Yes. The regulations set out in the Bylaws can be legally enforced.

 

[Rooty1]

Then how can the association demand I pay for something without seeing the bid or invoice when they are violating their "Books and Records, All books and records of the Corporation may be inspected by any member or member’s agent or attorney for any proper purpose at any reasonable time" by-laws clause?

 

[PayrollHRGuy]

Then how can the association demand I pay for something without seeing the bid or invoice when they are violating their "Books and Records, All books and records of the Corporation may be inspected by any member or member’s agent or attorney for any proper purpose at any reasonable time" by-laws clause?

Because somewhere else in those same bylaws give them the power to bill you.

What I doubt the bylaws say is that the association must show the books before they bill.

 

[Rooty1]

Thanks, so if I pay today and ask to see the books next week, they cannot refuse? And if they refuse, then what?

 

[PayrollHRGuy]

Sure they can refuse. People break rules all the time. You can sue them.

 

[Rooty1]

Which Idaho statute/s will they be violating for refusing to abide by their by-laws?

 

[Zigner]

Which Idaho statute/s will they be violating for refusing to abide by their by-laws?

Who says they are? What are the grievance procedures?

 

[quincy]

Which Idaho statute/s will they be violating for refusing to abide by their by-laws?

You could sue for breach of fiduciary duty, over the failure to enforce the Bylaws/CC&Rs.

 

[PayrollHRGuy]

Which Idaho statute/s will they be violating for refusing to abide by their by-laws?

Probably none whatsoever. They are violating a contract not criminal law.

In other words, they aren't going to get arrested. You sue, a judge orders them to provide the documents as described in the bylaws.