Q: can an H:OA refuse a homeowners request for access to documents?
I am a homeowner in an HOA that refuses to give me access to documents because they have deemed that I am not in good standing. My monthly dues are paid to date in full, I refuse to pay fines based on a decision of the BOD and am requesting access to documents to back up my claim. The HOA says until I pay all fines levied, I will not be given access to the documents I request. They state they will no longer respond to any of my requests in any way. Can they do this? I have found no such reason for denying my request for access to documents in any of the civil codes or Davis-Stirling acts. Any suggestions?
A: There may be a provision in the Governing Documents of the HOA that allows the HOA to refuse releasing documents to homeowners who are in violation of the rules or have failed to pay dues or fines. You should check your CCRs and By-Laws for any such rules. HOAs have the right to add various provisions to their CCRs, even if they go beyond what you may find in the Davis-Stirling Act. Having fought with several HOAs (including my own), it is difficult to win a battle, as the Board will often simply ignore or change the rules.
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