Association wants payment but refuses request for documentation

[quincy]

I think the next time I receive a request for $ from them, I'll ask to see their books and records again. If they deny that request, I won't pay. If they take me to court for non-payment, I'll counter sue for breach of fiduciary duty, over their failure to enforce the by-laws.

That is certainly an option available to try - but I recommend you check with an attorney local to you first to make sure you are on solid legal ground.

Good luck.

 

[Rooty1]

That is certainly an option available to try - but I recommend you check with an attorney local to you first to make sure you are on solid legal ground.

Good luck.

I'll search for Idaho cases and codes related to breach of fiduciary duty by a corporation beforehand. Thanks Q, you're the best.

 

[PayrollHRGuy]

I think the next time I receive a request for $ from them, I'll ask to see their books and records again. If they deny that request, I won't pay. If they take me to court for non-payment, I'll counter sue for breach of fiduciary duty, over their failure to enforce the by-laws.

That may be the worse way to do it because there is a significant possible downside if you should lose in court. (lines, late fees and such).

The better idea is to pay the current bill. Then shortly after request in writing via certified mail access to the records of the association. When they refuse, sue them for such access.

 

[quincy]

That may be the worse way to do it because there is a significant possible downside if you should lose in court. (lines, late fees and such).

The better idea is to pay the current bill. Then shortly after request in writing via certified mail access to the records of the association. When they refuse, sue them for such access.

I agree PayrollHRGuy's suggestion would be a better way to handle it. It eliminates the fear of a counterclaim.

Rooty1, I looked briefly for Idaho cases for you but found nothing I thought helpful. Again, though, my search was brief.

 

[PayrollHRGuy]

I also think your issue is purely a breach of contract law issue. If the association fails to follow the bylaws they are in breach of the bylaws which is basically a contract. You can sue them for specific performance of the contract. ie allowing inspection of the information as required by the bylaws.

Unless they are really doing something crooked I'd be willing to bet that a well-written letter from a lawyer making such a demand should get them to provide the data without a suit ever being filed.

 

[quincy]

I also think your issue is purely a breach of contract law issue. If the association fails to follow the bylaws they are in breach of the bylaws which is basically a contract. You can sue them for specific performance of the contract. ie allowing inspection of the information as required by the bylaws.

Unless they are really doing something crooked I'd be willing to bet that a well-written letter from a lawyer making such a demand should get them to provide the data without a suit ever being filed.

Attorney demand letters often can be effective - but Rooty1 should be prepared to sue if the letter is ignored.

 

[PayrollHRGuy]

I agree 100% which is why I wrote that he could sue in the same post.

 

[justalayman]

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?

Is this road maintenance association independent of the hoa and cc&r’s associated with the hoa?

If so, how are you obligated to be a member of and abide by the rules of this association?

 

[quincy]

Is this road maintenance association independent of the hoa and cc&r’s associated with the hoa?

If so, how are you obligated to be a member of and abide by the rules of this association?

Rooty1 has a posting history on this forum. You can read about his adventures with this road, and the HOA, by reading his previous threads.

 

[justalayman]

Rooty1 has a posting history on this forum. You can read about his adventures with this road, and the HOA's acquisition of it, by reading his previous threads.

I tried but for some reason the search function doesn’t like me and refuses to provide requested info.

I thought the name sounded familiar though

 

[quincy]

I tried but for some reason the search function doesn’t like me and refuses to provide requested info.

I thought the name sounded familiar though

About the search function: In my experience, failure is either due to user error or ghosts.

 

[justalayman]

I can accept user error as the blame but it doesn’t solve the problem

When I use the little magnifying glass search in the bat at the top it sends me to a page like it should have something on it but doesn’t. It even lists there being 2 pages

But they are both blank


When I click on his avatar and name I search for all threads started by rooty1 as well as all content by rooty1. The most I get is a listing of his posts in this thread.


Are you successful finding his other threads via the search functions?

 

[quincy]

When you reach that magnifying glass search page for a poster, there will be a blue bar with "Google Search Results" and "Community Search Results." Click on "Community Search" in the blue bar - and all posts will (or should) show up. You will need to click on the Community link again when you get to page two of the results.

 

[justalayman]

So it was operator error

Combined with poor instructions.


Now I remember the name: the bridge incident.

 

[quincy]

So it was operator error

Combined with poor instructions.


Now I remember the name: the bridge incident.

Mostly operator error. Haha.

And, yes. The bridge.