HELP! Townhome Association

[darmiller]

I own a Townhouse in Bexar County, Texas. We have an Association, Board of Directors of the Assocation, and a management company. As a member of the association, I have repeatedly requested copies of the By laws, financial statements, and other documents of the association. The Board continually refers me to the mangement company, ProComm. ProComm has *refused* to release the docs. I know that according to the Uniform Condominium Act, all residents are entitled to these documents. I would like to know what my next course of action/recourse may be.

I hope this is in the right forum Thanks.

 

[LL]

I don't know this uniform act. Nothing in the California code is labeled that way.

You should have gotten copies of the documents when you purchased the property. Ask you real estate agent to get you copies, or you will make a complaint to the local realtor's association, plus to the state Dept. of Real Estate. That would endanger her re license, so she might hustle to comply.

Try also writing a letter, from you to both the HOA and the management company, pointing out the run-around and that one of them owes you copies of the documents.

The fundamental declaration of restrictions of the condo are probably recorded, and you should have gotten copies when you purchased from the title insurance company. If not, you re agent is at fault, and besides, you probably signed that you were satisfied. You should not have let the escrow close without them.

 

[darmiller]

Thanks for the input. I sent an e-mail straight away to the real estate agent.

I have made repeated written and verbal requests to both parties. Unfortunately, it doens't seem either has to answer to anyone else so there cooperation with me is absolute zero. The Board keeps referring me to the Management Company and the Management Company simply *refuses* to supply the docs.

I understand that the management company is just a vendor to the assocition and probably has no legal obligations to comply with my requests. And where do you file complaints against the board? who knows? But it is a travesty.

If you think of any other avenues, please advise. Thanks again.

 

[LL]

Write a letter to the HOA saying that the management company has not complied with their directives. Then look in this Uniform Condo Act for whatever says that they must provide these things, and cite it in your leter. Check if there is some provision in this act or TX law that says they must provide it, and see if there is some procedure for taking HOA to court (e.g., ADR Alternative Dispute Resolution). If so, ask for the ADR with the threat that you will go to court to obtain the documents.

Then, be sure to follow through.

 

[darmiller]

Can you believe I did this and still NOTHING? Here is a copy of the letter...

March 22, 2001

Hand Delivered
Mailed US Postal Service



Ms. Toni Loessberg
Las Brisas Home Owners Association
103 Caleta Beach
San Antonio, TX 78232

Dear Ms. Loessberg:

Pursuant to your instructions, my husband Robert ("Andy") Miller contacted Diane Meyers at ProComm Management, Inc. regarding my access to Las Brisas documents. Ms. Meyers stated that I would have to show a marriage certificate and/or have my name on the title of the unit in order to view the documents. However, according to the Uniform Condominium Act ("UCA") I can act as "agent" for Andy . Additionally, with the exception of the budget, Ms. Meyers has responded to Ms. Dunn's instructions and has refused to release any documents regarding Las Brisas Home Owners Association. Andy forwarded the enclosed letter to Ms. Meyers in response via e-mail and a signed facsimile.

Further, the Board of Directors may possibly be in breach of fiduciary responsibilities by failing to provide access to the requested documents pursuant to the following section of the UCA:

§ 82.114. Association Records

(a) The association shall keep:
(1) detailed financial records that comply with generally accepted accounting principles and that are sufficiently detailed to enable the association to prepare a resale certificate under Section 82.157;
(2) the plans and specifications used to construct the condominium except for buildings originally constructed before January 1, 1994;
(3) the condominium information statement prepared under Section 82.152 and any amendments;
(4) the name and mailing address of each unit owner;
(5) voting records, proxies, and correspondence relating to amendments to the declaration; and
(6) minutes of meetings of the association and board.
(b) All financial and other records of the association shall be reasonably available at its registered office or its principal office in this state for examination by a unit owner and the owner's agents.

Ms. Toni Loessberg
Las Brisas Home Owner's Association
March 22, 2001
Page 2

I believe that more than one month of written and verbal requests for this information made to ProComm Management, Inc. and the Board of Directors to be reasonable. Again, I am requesting the following documents:

first Amendment to CC&R;
all Amendments subsequent to the 2nd that may exist;
all documents governing the Board of Directors including bylaws and/or other rules that may be established;
a copy of the proposed budget;
list of contact information of all Board members;
list of contact information of the Architectural Control Committee;
copy of Las Brisas Financial Statements and supporting documents;
copy of Las Brisas vendor contracts including ProComm;
and all other relevant or updated documents.

Please remember that ProComm Management, Inc. is simply an agent/vendor of Las Brisas Home Owner's Association. They are not entitled to deny access to these records. Further, it is strictly the Board of Directors responsibility to ensure compliance with the Uniform Condominium Act and responsibility for failure to comply falls squarely on this Board's shoulders. I am requesting all documents by the end of business March 26, 2001.

I am also requesting written notification of the next Board of Director's meeting and that my concerns be placed on the Agenda for discussion. Thank you for you assistance in this matter.

Sincerely,



DARLENE MILLER



CC: Ms. Joanna Dunn, ProComm Management, Inc.
CC: Ms. Jeanne DeAlba, ProComm Management, Inc.
CC: Mr. John Carona, ProComm Management, Inc.


Enclosure




I sent this letter to everyone I could. As of today, I have had NO RESPONSE from anyone and I am running out of avenues. Uuugghhh! I am running out of recourse, I am afraid. Suggestions? Thanks again.

 

[darmiller]

On the off chance you wanted to view the Uniform Condo Act, here is the link

http://www.capitol.state.tx.us/statutes/py/py008200.html#py028.82.070

Thanks. dar

 

[LL]

Oh Boy.

Without wanting to be rude, you really don't know how to get things done in the world.

The problem is not what you said, it seems to be a question of your not being owner of the condo in question. Neither the management company nor I would really appreciate your insistence that you are some kind of an agent and entitled to demand that they disregard there usua procedures. I didn't bother to read all of our letter, it is so demanding and arrogant (besides being long and not to the point).

Why don't you get your husband to make you co-owner of the condo in all respects, and then go and ask them nicely.

 

[darmiller]

I have to smile. Yes, it is long and rude. But my problem is that we had been requesting the info for over a month and then come back and say, well, we don't even know who you are and maybe you don't have access to this information. Well, they could have told me that the first day I asked, instead of ignoring me for one month. Even after my husband authorized my access, I still have not had any return calls or communications. (And yes, my husband has made requests by phone and in writing too without any reaponse either).

I think my being on the title may be irrelevant. Why should my family restructure their assets in order to obtain information already due to them.

yes, the letter may be rude, but being nice *sure* didn't get me anyplace either.

 

[LL]

What do you mean "we"?

being nice *sure* didn't get me anyplace either, but you can't see that the problem is that YOU aren't entitled.

As you can see, with the present "structure of assets" you aren't able to get done what you want to, forgetting that they might only be family assets as far as a divorce court is concerned.

Pick your own way of getting things done, and I wish you success.

 

[niradh]

Just thought I would jump in here real quick. I had the same problem. Though I was not requesting the types of documents you are, I was requesting documents for other items. I went through the same hassel over and over again with the HOA. In your letter, you stated you asked to be placed on the agenda for discussion on this matter. Have you ever attended a HOA meeting before? You dont have to be placed on the agenda. They allow any new business to be brought up during the meetings. And most of the time, at these meetings, you are given copies of the papers you are requesting.

My HOA has a meeting once a month. I attend every meeting. At every meeting I have been to, 9 now, I have recieved full financial documents. In addition, should you bring your troubles up at a HOA meeting, it allows all the other home owners to hear what type of Board of Directors and management company they use. The board of Directors will make amends to you at the meeting. Why? Because they will want to be voted in again.