Legal Question in Real Estate Law in California
homeowner's association election auditing
A director of my HOA's board asked the property management company to give the director a photocopy all candidate statements submitted on the due date of the election. The property management company refused to do so. Is this violating a law? The candidate statements should be property of the association, and the director should have unfettered access. If it is a violation of a law, what law enforcement agency can be called?
1 Answer from Attorneys
Re: homeowner's association election auditing
If the documents are not stolen, this would not be a police matter, if that's what you mean by law enforcement agency. This is a civil matter. If the director has rights that need to be enforced, the proper procedure (preferably after a written demand and attempt at negotiation has been tried and has failed) is to seek relief from a court by way of civil complaint (lawsuit), probably one seeking a preliminary injunction. The suit would have to allege that the director was entitled to the documents sought. This seems like a reasonable proposition to me, but without reviewing the specifics of the HOA's relationship with the property management company, I cannot say for sure.
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