Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I want to access the financial records of my homeowners association.

There has been no financial...
I want to access the financial records of my homeowners association. There has been no financial disclosure in 10 years. I have sent a certified letter over 30 days ago and sent multiple emails to the acting president and only member of the board. I sent a complaint to the Attorney General but not sure what they can do for me. Can I take her to small claims court? She cashed my check for the fees last year and endorsed it for the association. I want to form a new board but I need the past records to find out who owes money and if she mismanaged funds.
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
10/20/2013
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified

Chris T., JD :

Good evening. I'll be glad to assist you with your question.

Chris T., JD :

Do you have a copy of your association bylaws?

Customer: yes but not sure if it current
Chris T., JD :

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.

Chris T., JD :

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.

Customer: The state statute for hoas states that boards have to disclose the records in 30 days I assume that she has to comply with state law
Customer: There is nothing written in the bylaws of how to force the hoa to disclose records
Chris T., JD :

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.

Chris T., JD :

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.

Customer: Ok but can I take it to small claims and what do I claim as damages
Customer: Filing a lawsuit and retaining a lawyer will cost me 10,000 plus
Chris T., JD :

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.

Customer: Can that be be done without an attorney in small claims court
Chris T., JD :

To answer your question, though, you can do that in small claims court.

Chris T., JD :

...and without a lawyer.

Chris T., JD :

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.

Customer: Last question I assume I also ask for Court costs too in addition to performance
Chris T., JD :

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.

Customer: thank you
Chris T., JD :

Glad to help.

Chris T., JD :

Can I do anything else for you?

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified
Chris T., JD and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
4,829 Satisfied Customers
Experience: Experienced in both state and federal court.

Chris T., JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
288 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
An attorney is suing me in small claims court for not
an attorney is suing me in small claims court for not signing a settlement agreement in a case that i agreed to settle only after he agreed to lower his fee and expenses but then didn't do so. I refus… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
In 2017 an attorney General finding found that for an
in 2017 an attorney General finding found that for an extended time, 5 years, that a State agency created an incorrect calculation and erroneous child support balance. Im in the military and this erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,031 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I have a question with regards to fiduciary duties and legal
HI, I have a question with regards ***** ***** duties and legal liabilities. Can you help? Thanks … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I recived a letter from the attorney general in the state of
I recived a letter from the attorney general in the state of ca feom a former client complaining what do I need to do ? Is this a crime investigation … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Does a corporate lawyer not only have a fiduciary duty to
Does a corporate lawyer not only have a fiduciary duty to the directors and officers but also to the membership … read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
How do I file an opposition for Breach of Fiduciary Duty?
How do I file an opposition for Breach of Fiduciary Duty? Will this complicates the filing of Partition Lawsuit if do this one first?… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x