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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55723
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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There was a election of new officers in our HOA in our area

Customer Question

There was a election of new officers in our HOA in our area and the previous treasurer will not provide any info (bank account info, checks, etc...) to the new officers. What can we do as a HOA to get this info from previous treasurer.... The previou treasurer has been approached numerious times and conversations only explode into her exploding by screaming and demanding that everyone leave her property. Numerious meetings have been held in neutral locations to discuss what can be done but our HOA is at a lose as to what we can do as a group to get records and have her removed from her postion.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 11 months ago.

Her actions would lead me believer that if she turns over the history and bank accounts, you're going to find some kind of malfeasance on her part. But, she's not going to be able to avoid this. Send her a letter by certified mail demanding that she turn everything over to the HOA within a specified short period of period. Inform her that if she fails to do so, you will have no choice but to file suit asking a court not only to order the records turned over, but also to award the HOA actual and punitive damages due to her intentional misconduct. Also, let her know that due to her behavior, the HOA will be auditing the books and if there has been any misappropriation of funds, the HOA will be pursuing both civil and criminal action. The letter usually does the trick. :)

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Customer: replied 11 months ago.
Richard thank you for the qucik response ..........We have sent a certified letter only for her to never sign for it ........How else can we get the letter delivered to her personally
Expert:  Richard replied 11 months ago.

Thanks for following up and you're very welcome. First, let me apologize to you for my delay in responding. I was traveling today and was on a plane until now. I appreciate your patience and I'm so sorry for any inconvenience. If she will not sign it, then have it delivered it to her by independent courier. Even if she doesn't accept it, the courier can leave it there and you will have independent verification it was delivered and when.