HOA Document Request

[JSanders1]

Maryland

Hello, new to the forum and not quite sure where to post my question. Having problems obtaining documents from my HOA. While CC&Rs and other standard documents are available online, I’m interested in obtaining all relevant information about two recent projects, estimates / bids, contracts & invoices.

Maryland has a statute, which appears to me that it’s within my right to request such documents.

“Maryland Real Property Code: All books and records kept by or on behalf of the homeowners association shall be made available for examination or copying, or both, by a lot owner, a lot owner's mortgagee, or their respective duly authorized agents or attorneys, during normal business hours, and after reasonable notice.”

I’ve ask the management company how to go about requesting these documents but they have denied my request and I’m not sure what action to take in order to force their compliance with state law.

Thank.

 

[Zigner]

They're not required to give you the documents, only examine them.

 

[JSanders1]

Oh I’m sorry, perhaps I wasn’t clear in stating what I was asking of the HOA and or Management Company. I’ve asked to review and or copy the documents but have been completely denied any access whatsoever and now wanting to know what course of action could be taken in order to have them comply with Maryland’s Statute.

Thanks.

 

[Zigner]

What reason(s) have they given you for denying your request to examine the documents?

 

[JSanders1]

None...

Things started out with a flurry of back-n-forth emails where I was repeatedly instructed to sign in to the Management Companies website in order to review and or download documents, however only the CC&Rs and Architectural Guidelines along with a few others are kept online. The moment I asked to review the documents surrounding the two most recent neighborhood maintenance projects they simply stopped responding to my emails.

I then sent a registered letter with my request to review documents but have never received a response and that was close to two month ago. So basically they have stopped all communications refusing to even respond and I’ve never been given access to review anything.

 

[adjusterjack]

I’m interested in obtaining all relevant information about two recent projects, estimates / bids, contracts & invoices.

Why do you want those documents? What's your goal? What will you do when and if you get them?

Have you attended a board meeting and confronted those people with your request? That's what I would do.

Maryland has a statute, which appears to me that it’s within my right to request such documents.

“Maryland Real Property Code: All books and records kept by or on behalf of the homeowners association shall be made available for examination or copying, or both, by a lot owner, a lot owner's mortgagee, or their respective duly authorized agents or attorneys, during normal business hours, and after reasonable notice.”

You appear to be referring to Section 11B-112 of the Maryland Homeowners Association Act:

Maryland Real Property Code Section 11B-112 (2021) - Books and Records of Homeowners Association; Disclosures to Be Deposited Into Depository :: 2021 Maryland Code :: US Codes and Statutes :: US Law :: Justia

Note that there are exceptions that might apply to your request:

(2) Books and records kept by or on behalf of a homeowners association may be withheld from public inspection, except for inspection by the person who is the subject of the record or the person’s designee or guardian, to the extent that they concern:

(iv) Records relating to business transactions that are currently in negotiation;

(vi) Minutes of a closed meeting of the governing body of the homeowners association, unless a majority of a quorum of the governing body of the homeowners association that held the meeting approves unsealing the minutes or a recording of the minutes for public inspection.

Also note that Section 11B-115.1 allows the Division of Consumer Protection of the Office of the Attorney General to enforce the statute.

Maryland Real Property Code Section 11B-115.1 (2021) - Enforcement by Division of Consumer Protection :: 2021 Maryland Code :: US Codes and Statutes :: US Law :: Justia

You might try that route.

If that doesn't work, you'll have to hire a lawyer. Maybe just a letter from a lawyer will get you the information. Might take a lawsuit.

Up to you to decide how much money you want to throw at this.

 

[JSanders1]

1. The reason for requesting the documents stems the board’s willful neglect of their fiduciary duties, with 10’s of thousands of dollars being misappropriated.

2. The goal is to first determine it there was in fact any wrongdoing and then to put measure in place to stop it from happening again.

3. And yes the statute in play here is indeed 11B-112 of the Maryland Homeowners Association Act, and while I’ve read the listed exceptions I don’t believe they apply, but I have been wrong so many times before.

4. “Section 4: Records relating to business transactions that are currently in negotiation;”

The two projects in question have been completed so I don’t believe that the section 4 exception would be apply here.​

5. “Section 6: Minutes of a closed meeting of the governing body of the homeowners association, unless a majority of a quorum of the governing body of the homeowners association that held the meeting approves unsealing the minutes or a recording of the minutes for public inspection.”

This is a bit more complicated as I don’t know if closed board meetings were held in regards to the two projects in question, but it’s hard to imagine that all relevant meetings were closed.​

6. “Section 11B-115.1 allows the Division of Consumer Protection of the Office of the Attorney General to enforce the statute.”

Yes this is of most importance as it’s the only glimmer of hope I’ve come across where there appears to be a way to hold the HOA and or Management Company accountable. Unfortunately when visiting the website it seems that Section 11B-115.1 only deals with board elections – which not only dashed all my hopes but left my rather confused​

So bottom line, I simply don't know how to get the HOA and or Management Company to comply with the Maryland Statue.

 

[PayrollHRGuy]

So bottom line, I simply don't know how to get the HOA and or Management Company to comply with the Maryland Statue.

Simple, sue them.

 

[Zigner]

Simple, sue them.

Does the Maryland statute allow for an individual to sue in this type of situation?

 

[PayrollHRGuy]

Does the Maryland statute allow for an individual to sue in this type of situation?

My quick look turned up nothing that would bar such a suit. If you are going to pass a law there has to be some way to enforce it.

 

[Zigner]

My quick look turned up nothing that would bar such a suit. If you are going to pass a law there has to be some way to enforce it.

I'm not sure that the following would bar a suit, but it might be a cheaper way to accomplish the goal:

https://codes.findlaw.com/md/real-property/md-code-real-prop-sect-11b-115/

(c)(1) To the extent that a violation of any provision of this title affects a consumer, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General, as described in Title 13 of the Commercial Law Article.

 

[adjusterjack]

Unfortunately when visiting the website it seems that Section 11B-115.1 only deals with board elections –

As Zigner pointed out, (c)(1) applies to a violation of any provision of the title.

 

[JSanders1]

Simple, sue them.

This was my initial thought as well, and being overly confident (or stupid) I figured this would have to be a relatively simple civil case to pursue myself as the law appears to be on my side with little gray area or room for interpretation, either I'm entitled to the documents or I'm not. So I began reading up on courtroom procedure in Maryland and headed to websites offering basic 'forms' or 'templates' when bringing a civil suit to see if I could find something of a road-map to start with. But to my dismay the number of forms and or templates offered is a bit overwhelming and worst yet none really seemed to match / pertain to my current situation, but then again being a layperson legal topics & issues do tend to shoot right over my head.

Have to say that from reading the many response above readdressing the Division of Consumer Protection has restored my hope in that perhaps they could be the one to offer some assistance. If correct and they do indeed deal with more then just board elections has me wanting to reach out and make contact with their office rather then dragging my HOA to civil court while representing myself and having a fool for a client.

 

[Zigner]

If correct and they do indeed deal with more then just board elections has me wanting to reach out and make contact with their office rather then dragging my HOA to civil court while representing myself and having a fool for a client.

On top of that, you'd be paying for the HOA's legal representation as well (through your dues).