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A homeowner in our association, is requesting contact

information for our board and...
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Oregon
JA: Has any paperwork been filed?
Customer: No, this was an email request today
JA: Anything else you want the lawyer to know before I connect you?
Customer: This individual is trying to force the board, of which I am President, to get three bids from 3 other management co because he feels he's been wronged and the board isn't doing a good job
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Answered in 39 minutes by:
10/7/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,065
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it?

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It wouldn't be illegal for the homeowner to request that information, but the Board wouldn't necessarily have to provide it if they don't have it or there is an exemption under the law..

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OR Statutes 94.670 goes over what an owner's rights are to the HOA documents:

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(9)(a) Except as provided in paragraph (b) of this subsection, the association shall make the documents, information and records described in subsections (1) and (4) of this section and all other records of the association reasonably available for examination and, upon written request, available for duplication by an owner and any mortgagee of a lot that makes the request in good faith for a proper purpose.

(b)Records kept by or on behalf of the association may be withheld from examination and duplication to the extent the records concern:

(A)Personnel matters relating to a specific identified person or a person’s medical records.

(B)Contracts, leases and other business transactions that are currently under negotiation to purchase or provide goods or services.

(C)Communications with legal counsel that relate to matters specified in subparagraphs (A) and (B) of this paragraph and the rights and duties of the association regarding existing or potential litigation or criminal matters.

(D)Disclosure of information in violation of law.

(E)Documents, correspondence or management or board reports compiled for or on behalf of the association or the board of directors by its agents or committees for consideration by the board of directors in executive session held in accordance with ORS 94.640 (Association board of directors) (8).

(F)Documents, correspondence or other matters considered by the board of directors in executive session held in accordance with ORS 94.640 (Association board of directors) (8).

(G)Files of individual owners, other than those of a requesting owner or requesting mortgagee of an individual owner, including any individual owner’s file kept by or on behalf of the association.

.

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So if you don't have contact info or it meets an exception above, then you don't have to provide it..

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But if the Bylaws don't require a competitive bidding process, then they don't have the power to compel one..

.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,065
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,065
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Experience: 17 years real estate, Realtor. Landlord 26 years

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