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Category Archives: HB-1237
Owner’s rights to inspect HOA records and receive information
The complete House bill 1237 is available here . This bill is now in effect as of January 1, 2013. Its goal is to clarify the record keeping requirements of HOAs and owners’ inspection rights.
Why is this important?
In the past, HOAs records were not always kept correctly, decisions were sometimes made secretly and capriciously ( =inconsistently), proxies and vote results were not always disclosed and most importantly, owners were often times denied the right to review and inspect these records.
It is important to us that the MountainSide Condo HOA provides transparency to all his members.
The following summarizes all the roadblocks we have encountered with the Mountain Side Condo HOA since we started asking to review the HOA records:
1) We were originally told that all the records were already available on the Mountain Side Condo HOA website (hosted and maintained by Mountain Managers, property management) . We all knew that this was not accurate and that the majority of the documents were not available on the website.
2) We were then told that an owner would have to make a down payment of $500.00 in order to receive copies of all the information not available on the official HOA website ( (hosted and maintained by Mountain Managers, property management). We refused to pay for information that should already belong to all of us owners.
3) We were then invited in to review ‘paper files’.
4) Upon review of these files, we discovered that lot of information was either missing, very incomplete and inaccurate, or withheld from owners (i.e. annual meeting proxies received, Architectural committee approvals/denials, updated lists of owners and BOD members, list of committee members (planning, architectural committees etc).
5) We made a follow up written inquiry asking for the information that was not provided to us when we inspected the records and immediately received an answer from the HOA’s attorney declining our request. It appears that owners at MountainSide are not even allowed to know who serves on a particular HOA committee or who view the actual proxies received at a past annual meeting.
Our latest request to view documents/receive information along with the denial received from the HOA attorney can be found here .
The above attorney responses are difficult to understand considering that the same attorney, Noah Klug, published the following article on the same subject in the Summit Daily on August 22, 2012. See HOA RECORDS RULES TO CHANGE UNDER NEW LAW BY NOAH KLUG
Noah Klug is Mountain Side Condominium Association Attorney and the owner of The Klug Law Firm, LLC, in Summit County, emphasizing real estate, business, and litigation.
We will update this page as more information becomes available.
The rest of this page compiles the posts of all the previous attempts at obtaining access to records: