Have Legal Questions? Ask a Lawyer Now.
Good evening. I'll be glad to assist you with your question.
Do you have a copy of your association bylaws?
OK. Assuming you have a current version, or, at least, that the provisions have not changed that deal with how to challenge the board and force an accounting, what you will have will do.
The first place you should look is at your bylaws. First, there should be a way by which the members can request an accounting. If there isn't, there should be a mechanism by which you can amend the bylaws to allow for an accounting.
She does, but you first have to exhaust your remedies under the HOA bylaws first. But, as you've said, you sent a certified letter and they did not respond. Your second step is litigation.
Homeowners have the right to have the community association exercise ordinary care, in reasonable and good faith manner in the performance of its duties. For breach of these fiduciary duties, an association may be held liable by an owner.
In a case like this, you would not be looking for damages (yet). Right now, you would be asking for specific performance. Specific performance is a type of equitable remedy by which a judge orders a party to take some specific action. In this case, disclose the records.
To answer your question, though, you can do that in small claims court.
...and without a lawyer.
Specific performance will only be ordered in situations where the payment of money will not adequately compensate the person bringing suit. Clearly, that would be the case here, since no amount of money can replace access to the records.
Yes, you can. Also, if you did hire a lawyer, you could ask for attorney's fees. A judge has the authority to award attorney's fees in cases where, essentially, one party has no defense to the action. That may be the case here since they are just ignoring a statutory obligation.
Glad to help.
Can I do anything else for you?