QUESTION

May i sue the property management ?

Asked on Sep 19th, 2016 on Corporate Law - California
More details to this question:
I am the treasurer of the condominium board of the directors.The management refuses to give me the books and records of the last two years.I want to see all the invoices and the receipts behind the amounts of the charges that are shown for all of our expenses. This has been going on for 6 months. Please advise me on what to do
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Who prepares the HOA's annual financial statements and tax returns? Your CPA should have copies and might even have the originals. Maybe the CPA can provide you with copies. In this age of text messaging, voicemail and email, people sometimes forget to send a letter, with contact information at the top and a signature at the bottom. Your contract with the property management company probably says that's the only way to officially communicate. You can send a scan of the letter with the original by mail, but sending it by mail is probably recorded. Sending a demand letter by mail should also suggest to the company that you are laying the groundwork for a possible lawsuit and that there is probably a lawyer lurking behind the letter.  If that doesn't extract the HOA's records, then the next step is from a lawyer. I represent HOAs and homeowners, on both sides, all the time. I was at an annual meeting last night for one association and emailing with an owner, the HOA and the developer of another HOA during the day. The first things your attorney will want to see are the contract with the property management company and all the correspondence on this subject, including test-messages and emails. Dana Sack
Answered on Sep 20th, 2016 at 9:35 AM

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