Turnover of HOA Documents

This is a discussion on Turnover of HOA Documents within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; OK DC, I want your opinions on what to do here. Over the past year(ish) the condition of our Homeowners Association structure has been declining. ...

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Thread: Turnover of HOA Documents

  1. #1
    Member Array ZacMan1987's Avatar
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    Turnover of HOA Documents

    OK DC,
    I want your opinions on what to do here.

    Over the past year(ish) the condition of our Homeowners Association structure has been declining. Invoices aren't being issued regularly as required, checks aren't being cashed on time, basically the treasurer was not doing her job.

    Well, we just voted her out and yours truly is now in charge of finances and communication. Problem is, she left the meeting, either intentionally or unintentionally with the books, mailbox keys, basically everything I need to do my job.

    Now, she isn't responding to texts, emails, or facebook messages, but I have her home address through public records and I am getting ready to go over there with the HOA president to try and get her to peacefully surrender the stuff. She's a snarky, snippy, and very bossy type, but I don't think she's violent or anything crazy like that. Even so, my alarm bells are ringing a little and I'm wondering if I should at least notify LE that I am going to her personal residence.

    I have my HCP, but I am hesitant to even carry over there, because I am going onto her property. In the extremely unlikely event that anything went down, I would undoubtedly be seen as the aggressor.

    What say you? Should I send a certified letter first? Go over there? I don't want to drag this out as we do have monthly expenses that are supposed to be paid and Lord knows what she's doing about those.
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    She is already skating on felony ice. You need real legal advice, not anonymous internet opinions.
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    VIP Member Array WrongRecroom's Avatar
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    Get a lawyer .. I would have them tell you what to do ... This stuff never ends well if you handle it on your own me thinks ..

    Maybe crazy + state where guns are easy to get and many people have them + angry at losing job maybe even was doing criminal things + you were on her land she could claim all sorts of things if she takes a shot .... = nothing good ... Ask for legal advice ..

    If she has the forms it could be for Id theft etc you never know ...
    gatorbait51 and BenGoodLuck like this.
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    Distinguished Member Array BadgerJ's Avatar
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    HOA should pay for the lawyer. Do NOT show up in person. All it takes is a hysterical female and you on her property and you'll end up with her crying assault and battery and you'll end up with a personal lawsuit to fight it. Right now, she is 100% in the wrong.

    Good luck. Let us know how it turns out.

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    Distinguished Member Array BadgerJ's Avatar
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    Just wanted to add, if possible, why not replace the keys, documents and other stuff. If it's even remotely possible to leave her alone and get replacements, you should do that. I get a slight sense that you want to make her pony up more than you are in a real bind as to your job tools.
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    In SC, we can not carry into another house without their permission, not sure about TN. Either way, any kind of confrontation and word got out that you were carrying would be seen as you are trying to strong arm her.

    Like the others have said, get legal advice, but I would leave the firearm at home.

    Just my $.02
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    Not your job to personally retrieve the HOA property (docs, keys, etc.). You're the new treasurer, not the sergeant-at-arms. Let your HOA president pursue getting the items back into the right hands. The proper way is through legal channels, which means starting with a lawyer.
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    Member Array ZacMan1987's Avatar
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    Quote Originally Posted by BadgerJ View Post
    Just wanted to add, if possible, why not replace the keys, documents and other stuff. If it's even remotely possible to leave her alone and get replacements, you should do that. I get a slight sense that you want to make her pony up more than you are in a real bind as to your job tools.
    Quite the opposite. If I could change bank accounts, change mailboxes, and get account statements for all of the units, I'd be happy having never talked to her in person (which I haven't). The problem is that she has information that I HAVE to have for continuity. Namely, account balances, keys, checkbooks, the like.
    gatorbait51 likes this.

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    VIP Member Array NONAME762's Avatar
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    Lawyer up for and paid by HOA. Have attorney do the legal schmegal on her. Have locksmith come in and change locks.
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    The HOA should have a lawyer. Don't do anything--let the lawyer handle it.

    Then dissolve the HOA.
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    Member Array GlockHawk17's Avatar
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    I'd call your local PD and ask for a civil stand-by. Happens all the time here when parents with shared custody are handing over docs to their ex, or meeting to exchange kids.

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    Distinguished Member Array dangerranger's Avatar
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    Have with you a complete list of the items you need from her, and ask politely for there return. If that doesn't work then lawyer up! Make sure you have a couple of witnesses. Good luck DR

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    Quote Originally Posted by OldVet View Post
    The HOA should have a lawyer. Don't do anything--let the lawyer handle it....
    Yep. My HOA's have been drawn from a small collection of eight homes to the much large development we now live in. No matter the size, there was always an attorney. Speak with an attorney before taking matters into your own hands.
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    VIP Member Array high pockets's Avatar
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    Quote Originally Posted by OldVet View Post
    The HOA should have a lawyer. Don't do anything--let the lawyer handle it.

    Then dissolve the HOA.
    ^^^ this is the best solution (IMO) ^^^

    I strongly dislike HOAs, but have been told we MUST have one because we have a drainage pond owned by the community.
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    Others have already said it..."Let a lawyer do your talking!"
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