HOA Refuses to Provide a Membership List to Obtain Proxies

Question:

We were scheduled to have a annual meeting so we can elect new board members and other issues in the building. A lot of the owners live out of state and can’t attend. The managing company says we did not have a enough to make a quorum. I have been trying to get proxies for them but am unable to get their contact information such as email or regular address. They tell me it’s confidential information but the current board members can get this information. They will not tell me what percentage they received or anything else
It seems like they are working for the board and not the association as a whole
How can I get this information
Thank you

– Rand

 

Answer:

Hi Rand,

According to the Hawaii Planned Community Associations Section 421J-8: “If the [membership] list is not provided directly to members, the association shall develop a reasonable procedure by which owners may solicit votes or proxies or provide information to other owners with respect to association matters.” You may raise this with the management company or HOA board to help you solicit votes or proxies. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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