Question:
I am a new Board member. Our governing documents provide for ability of Director’s to access HOA books and records. “Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association … unless the Director has a conflict of interest or is in litigation with the Association.” Neither apply to me. I made several requests to the Board President, Secretary and newly selected 3rd party property management company for access or to be provided information including our signed agreement with the new property manager that should include their scope of work, a roster of residents and contact information for the people in the community phase I represent and information on Maintenance Requests (MR’s) submitted to the Property Manager (this is the only way to communicate with the property manager with any complaint or issue.) At the request of the Board President, I explained in writing why I was seeking access to the information. After multiple follow-up inquiries on my requests I received a letter from the “Board” that “in the best interests of the community” I would not be provided or given access to the information and that they would not discuss the matter further.
Our governing documents do not include any reference to discretion or grounds like the “best interests of the community” to deny access of a Director to our Association’s Books and Records. Do I have any recourse to compel compliance?
– Andrew
Answer:
Hi Andrew,
It is important to cite the provision in your governing documents when you speak to the board and/or manager. Keep in mind that Missouri’s Nonprofit Corporation Law also provides for the members’ ability to inspect records (Section 355.826). If your HOA is organized as a nonprofit, this should apply to you. Remind your fellow board members that failing to abide by state laws and your association’s governing documents may be a violation of their fiduciary duties.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
