Facts

Owner sought records from a Michigan association (the “Association:”).  The Association refused to produce records presumably on the grounds that the requests were long, difficult to follow and failed to state a proper purpose.  The requests, clarified in the complaint, consisted of the following:

  1. Bills or invoices showing the cost of past litigation;
  2. Records relating to orders for wrist bands for access to the pool;
  3. Work orders or invoices for light bulb replacements in Owner’s building;
  4. Board minutes from April 2019 until September 2019;
  5. Records relating to when Owner’s checks from approximately June 2019 through September 2019 were received by the Association and posted to Owner’s account;
  6. Board minutes for 2018; and
  7. Financial statements for 2017 and 2018.

The Association largely ignored the Owner’s requests, which led to the Owner suing the Association.
Continue Reading Record Requests – Even if Lengthy and Difficult to Follow, They Need to Be Produced if Sought for a Proper Purpose

Record retention is a tricky subject.  Keep too much or for too long and opposing counsel in litigation will have all the documents they may need to prove that your association’s actions were discriminatory or amounted to selective enforcement, at least compared to its old records.  Keep to little or for too short of time and in your deposition or trial testimony you will be forced to admit that records that should have been kept were “not kept in the course of regularly conducted business-activity.”  Judges do not look kindly on that answer.  There are many other pitfalls as well, including some basic misconceptions:
Continue Reading HOA and Condominium Record Retention – What you NEED to Know!!