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legalgems, Lawyer
Category: Legal
Satisfied Customers: 7108
Experience:  Just Answer consultant at Self employed
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I once sat on the board of my HOA. They have sent a letter

Customer Question

I once sat on the board of my HOA. They have sent a letter of demand for a book I copied with the presidents permission. This book was shredded because it was my paper ink binder etc I did not view it as property of the HOA and shredded it. They have sent 2 demand letters from their attorney. I have tried to call went to voicemail after the first letter now in the 2nd demand they want in writing that it is my position that I shredded the book and demand it be in writing. These letters were sent regular first class mail. Not certified not registered no tracking. Am I obligated to respond to this? What can they do if I choose not to respond in writing?
Submitted: 6 months ago.
Category: Legal
Expert:  legalgems replied 6 months ago.
Has a lawsuit been initiated?
Customer: replied 6 months ago.
None that I'm aware of. No one has supenaed or served me
Customer: replied 6 months ago.
Lawsuit? Of what nature?
Customer: replied 6 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  legalgems replied 6 months ago.
Thank you -There is no obligation to respond to a letter of demand; however, if the requested goes unheeded, and the person/organization has a legitimate interest in the requested document, they may file a lawsuit. As part of the lawsuit, the discovery process allows for the discovery of documents (ie request for production; subpoena duces tecum). Discovery requires there to be a valid lawsuit. There is no legal requirement to send a letter certified or registered; however, it is often done so that it can be noted in the complaint, should a lawsuit be filed (because if a party unreasonably refuses to provide requested documents, the court may award legal fees- after it is shown that the requesting party attempted to secure the information without initiating legal action).
Expert:  legalgems replied 6 months ago.
I'm sorry; I am not set up right now to handle phone calls. If you would like to continue on this page, I will definitely do my best to get you the needed information. Please let me know if you would like to continue.
Customer: replied 6 months ago.
I stepped down from this position in November 2015 because I was battling cancer. In January of this year I called my management company because the HOA were harassing people through letters and fines and stated that the Vice President as well as the treasurer both had ileagal garage screens, back patios, and privacy dividers instead of investigating it at all I ending up with this situation. Do I have any recourse here?
Expert:  legalgems replied 6 months ago.
I'm sorry to hear this; if they are doing it for retaliation/harassment, one can send a cease and desist letter. If the demand letter is harassment (ie there is no valid need for the document) that can be stated- but since attorneys are involved, it would be prudent to have an attorney prepare the letter to make sure it doesn't inflame the situation if there are already issues and an aggressive board.
Customer: replied 6 months ago.
Yes this board thinks they are above the law. They can fine me for anything because I follow the rules so now months later they are asking for the book. Granted it had all resident names addresses information trespass orders I was the secretary so I had access to a lot of information. I returned whatever I had when they requested it last month but I do not have the book. And yet they keep sending this letter. I know it's because I reported them. But the management company did not do what they were supposed to do. Correct? Instead of investigating they informed the board and swept it under the rug. What do I do about that?
Expert:  legalgems replied 6 months ago.
That would be a cease and desist letter- but again, it needs to be worded appropriately to help minimize future possible retaliation; the proper thing is to investigate any issues, not to sweep it under the rug- also if the books were destroyed because a lengthy time period lapsed, there is generally no "wrongdoing" in that.
Expert:  legalgems replied 6 months ago.
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