Expert: Morgan Smith - 9/13/2011

Question
Hello,
My homeowners association placed liens on 22 homeowners who had not paid their association dues for this year. There are 243 individual homes in the subdivison. I had ask the board of directors from my homeowners association for a complete list of the lot numbers for those who they had placed liens on their property. They told me that they cannot give me this information. Since I had paid my association fees for this year, do I have a right to obtain a copy of this information from my board of directors? If so, how do I go about it?

Thank You!

Answer
Dear Jack,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question appears to be about your homeowner association, and sounds like a contract dispute to me.

My contract professor would have me shot if I did not suggest that you begin at the beginning and dig up your homeowners association agreement or similar controlling documents, and examine it closely pertaining to your rights, the associations responsibilities, and any dispute resolution provisiosns.

I recommend that you bring your information to an attorney licensed to practice in your state, particularly someone with experience with multi-family property or condominium disputes.  In my state there are particular laws on this subject, and your state may have provisions that will affect your outcome.  With some good information in mind, you might attain a good outcome by suing the association for breach of contract or statutory violations, and get the information you need.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law