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Homeowner Exemption Board & Member Training FHA Process HOA as Government Legislative Intent Condo Law Links Record Meetings? Records Inspection Open Forum Discovery Termite

 
 
 

LA Times Article Buy Full Text Buy Full

 Attorney General HOA Complaints  If you would like to complain that your non-profit mutual benefit corporation has failed to hold regular meetings of members, failed to allow a member access to books and records of the corporation, failed to provide annual financial reports to members, failed on request to provide a list of names and addresses of members, or failed to provide other specified member rights, you may submit your complaint

Sample Complaint form should you file in Superior Court to enforce the law Kinsey Law.com

 

 

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 LAWSUIT REGARDING INSPECTION OF RECORDS

In Moran v. Oso Valley Greenbelt Association (2004) 117 Cal.App.4th 1029a homeowner brought a lawsuit against her association for delays in allowing her to inspect minutes. The owner prevailed and was awarded over $58,000 in attorneys fees.
 

Steve's excerpts from the case

Facts: Moran sent a letter to the Association's management company, CC&R Management, asking for the Association to contact her 'to schedule a convenient time' to review the Board of Directors' meeting minutes.

Discussion:  compliance with the Association's statutory obligations

actually producing the minutes was what mattered

Corporations Code section 8337 provides, "In any action or proceeding under this article . . . if the court finds the failure of the corporation to comply with a proper demand there under was without justification, the court may award the member reasonable costs and expenses, including reasonable attorneys' fees, in connection with such action or proceeding."

the conclusion that the Association wrongfully withheld the minutes was "amply supported by the facts, including the length of the delay

Given the history of relations between Moran and the Association by that point, Moran's decision to file the lawsuit rather than rely on those promises was reasonable

View the 1st Case Moran v. Oso Valley Greenbelt Assn. (2001) 92 Cal.App.4th 156 , 111 Cal.Rptr.2d 636

RECOMMENDATION. If owners request records which they are entitled to review, respond quickly

 

 Calif. Code of Regulations on this...
 Corporate Filings
 Statement of Information

Statement of Common Interest

  
 Sarbanes-Oxley 66 page pdf entire law
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 Hamilton Cove, Avalon CA Problems
 
 California Transfer Disclosure Statement

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Homeowner Exemption Board & Member Training FHA Process HOA as Government Legislative Intent Condo Law Links Record Meetings? Records Inspection Open Forum Discovery Termite

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