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  1. #1
    Join Date
    Jul 2013
    Posts
    18

    Default How to Force a Condo Board to Give Us Access to the Minutes

    My question involves a condominium located in the State of: California
    I and other owners requested Minutes and financial documents from the Board. It is about 90 days since my first registered letter was sent. I am here because I do not have the Minutes.
    My question is this, I want to ask the Court to get me a document that I will fill and in it ask the Board to give us the information required by law. Anyone knows the name of the document I should be asking/looking for.
    And please spare me the "He is a volunteer". Yes, he is a person who volunteers for 2 hrs a month of work to make himself tens of thousands of dollars from each condo he flips. That is 20 hours per year for $20,000.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Force a Condo Board to Give Us Access to the Minutes

    The general rule for provision of records is California Civil Code Sec. 1365.2, which you can read here. The first question is whether the association has a business office within the development. If so, that's the place you go to inspect and copy records. If not, they should communicate with you about how you might do so. Pursuant to subsection (f),
    Quote Quoting California Civil Code Sec. 1365.2(f)
    (f) A member of an association may bring an action to enforce the member's right to inspect and copy the association records. If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney's fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request. A cause of action under this section may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.
    There is not a "fill in the blanks" form for every legal need. Often you need to draft your own documents, or retain a lawyer to do so.

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