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jdhaas
jdhaas, Attorney
Category: Business Law
Satisfied Customers: 2998
Experience:  23 years of business law experience
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Property Management Business in GA

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We run a Property Management Business. Recently, our home was broken into and along with several personal items all our business files and and computer were stolen.

Our problems is now one of our clients a Homeowners Association is demanding all our records and files that pertain to them be turned over. We have nothing to give them. We have decided to no longer keep this client and have given a 30 day notice. We do not have a signed Contract with them and when be took over in April 07 we were handed three documents and a spreadsheet from the previous manager, no other documentation. We have also decided to close our Management Company due to the lack of business. My question is can we be sued by the Association and if yes, what can we do to protect ourselves. Thank you for your help.
If you were negligent in your maintenance of the records, then you could be liable to the HOA; however, if you were not negligent--you locked your office and took reasonable security precautions, then you cannot be liable for the criminal acts of a third person. That criminal act of stealing the records excuses you for not providing the records to the HOA. Contact the HOA with the evidence of your security systems to prevent theft and tell them that you have no records because of the theft. Good luck

I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions as I
am happy to answer all of your questions.


If you would like to direct a question specifically to me, please ask
for me in the body of the question and I will receive your question.
I would really appreciate that opportunity.

Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.
Customer: replied 7 years ago.

Dear Mr. Haas,

 

Our home was locked and our door was broken for the theifs to enter. Also we called the police and filed a report. My biggest concern is what is the best way to handle the HOA. We have an excellent business reputation and do not want to be difficult with the HOA but we also want to do everything possible to protect ourselves. When we took over for the HOA the previous Manager had very few documents and what little records we received were not accurate. With the HOA demanding records that we simply do not have, what should we do? We have never had any issues with the HOA but as I said we have decided to end our business in 30 days. We have lost too many hours of sleep. I would appreciate your recommendation on how to go about ending this relationship. Warmest Regards, Donia

Thank you for the additional information and I am sorry that this has happened to you. Some options:

1) Contact the HOA and tell them about the limited information that you were given.
2) Show them the police report and the crime investigation information.
3) Show them the steps that you took to protect this information.

This evidence should show the HOA that you took necessary steps but that you cannot be responsible for a criminal act. If you have any backups, then print those and provide them to the HOA. Tell the HOA that you are leaving the business and that you have provided them with every piece of information that you have. Assist them in finding a new property manager. I cannot think of anything else that you can do. Good luck

I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions as I
am happy to answer all of your questions.


If you would like to direct a question specifically to me, please ask
for me in the body of the question and I will receive your question.
I would really appreciate that opportunity.

Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.
jdhaas and 3 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you!
Thank you and good luck. Please let me know what happens. If I can help you in the future, please let me know.

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