Legal Question in Business Law in California

Bookkeeper Will Not Release Books
We are a 28 unit Condo Corp. We have given notice to our bookkeeper to terminate services in accordance with her contract. She is now refusing to release our books to us. She claims she has an attorney creating a release form and that our letter of release of data means nothing to her. This has been going on for a couple of weeks. Don't we have the right to our data?

Thank you.

Asked on 1/26/06, 2:04 pm

4 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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Re: Bookkeeper Will Not Release Books

You are getting the run around because it doesn't that long to hire an attorney to draft a release document. I've seen bookkeepers do this before to HOAs over payment dispute.

You should contact the California Association of Community Managers (http://www.cacm.org/) for a referral to a competent HOA attorney. You may need to file an legal action called "claim and delivery" to get your data back.

Answered on 1/26/06, 2:21 pm

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Terry A. Nelson Nelson & Lawless

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Re: Bookkeeper Will Not Release Books

Of course you do. If she persists, you could sue and win, but you should simply have your attorney write an appropriate letter 'explaning' the situation and her risks. Contact me if you need it done.

Answered on 1/26/06, 5:09 pm

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Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

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Re: Bookkeeper Will Not Release Books

She has no right to keep your books. There are several legal causes of action you can assert under these circumstances. I am sure a well written demand letter would do the trick. Call my office and we can discuss this situation further. I would give you a fair price for the letter, and review of any release that they provide.

Answered on 1/27/06, 12:33 am

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