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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I was recently on the board of our HOA and was also the Treasurer.

Customer Question

I was recently on the board of our HOA and was also the Treasurer. I left the board after the annual election and the new board declined to replace or remove the existing non-board officers until the next meeting, which is two months after the election. Our Treasurer is not required to be a board member so it is my position that I am still Treasurer until removed or replaced at the following meeting. The management company, however, has refused to forward financial information and checks-for-signature to me since the election. This means that no funds are being disbursed during that interim or someone is signing checks that is not authorized to do so since the board has not elected a new Treasurer using the "action without meeting" mechanism, or otherwise. Is my position correct or incorrect on this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socallegalwork replied 1 year ago.
Hello. I believe I can assist you. If I understand correctly, you were the treasurer and a board member. You resigned from the board (or did not stand for re-election) BUT you did NOT resign from your position as treasurer. No new treasurer has been appointed, at least to your knowledge.Do you have a copy of the minutes from the last election? I am wondering if there was a misunderstanding and the minutes mistakenly reflect that you resigned as treasurer. Has the property manager given you a specific reason why they will not forward the information to you beyond simply refusing to do so? Have you reached out to the President or any board members for an explanation?On its face, you are correct that there does seem to be a problem. If you are the Treasurer and did not resign from that position and have not been replaced under the procedures laid out in your by-laws and governing documents, then you should still be the Treasurer unless there is some other material fact of which I am not aware.