So I live in a 200-home planned community near Denver and I’ve been asking our board president for a copy of the bylaws for literally WEEKS but he keeps giving me the runaround. None of the other officers will help me and we’re in between management companies now so I have no one else to ask but the board. I recently got fined for parking overnight at our clubhouse and I argued that there was no sign outside saying I couldn’t. The board says that the rule is clearly stated in the bylaws or CCRs or whatever but I can’t even check for myself because they won’t give me a copy. A friend of mine said I should have been given a copy when I first moved into the community but I don’t recall ever getting one. Other associations put their documents on websites and whatever but we don’t have a website because our board is made up of freaking 50-60 year olds who don’t know how to work a computer, much less an entire website! Please please PLEASE help me. I know I can just pay the $50 fine and move on with my life but it seems off to me that they won’t even give me proof that I’m in the wrong. Has this happened to anyone else here?
Ouch, sounds like you have a real dodgy board there. Did you ever go through a hearing? Home owners associations should provide you with a notice of the violation and a schedule of the hearing so you can plead your case.
Homeowners have a right to request and copy HOA documents, especially governing documents like bylaws and CC&Rs. This is the case in most states, including Colorado (Colorado Revised Statutes, § 38-33.3-117). Just make sure you go through the proper channels and procedures (like sending out a written request). If your board still refuses to comply, you might want to lawyer up.
First of all, if your clubhouse has such a rule, there should be a sign outside. How are guests supposed to know they’re not supposed to park overnight? Even residents can’t memorize all the rules! Second, you absolutely have a right to inspect the documents. You’re not even asking for confidential records here – they’re GOVERNING DOCUMENTS. The board should grant you every access to them. Finally, as Serena said, you have a solid case here. If they still don’t allow you to view the documents, you should warn them that you’ll be taking legal action. The board could be breaching their fiduciary duty.
It has been MONTHS since this dispute started between me and the board and it is STILL GOING ON. I have decided to take you up on your advice and consulted a lawyer who has dealt with these kinds of things before. The NERVE of this board is honestly shocking!!!!