K.F. from Hartford County writes:
Dear Mister Condo,
We have recently changed our property management company. Our new management is having issues with getting our legal documents from our former Management Company. How long after we end contract with old management company do they have to release all of our documents? If they refuse to give us our documents what steps can we take in getting them?
Mister Condo replies:
K.F., I am sorry that you are having difficulty in getting your old management company to release the association records and legal documents they previously held. I am not aware of a set time frame for them to do so and I certainly hope that this situation has remedied itself by now. If your association employs a community association attorney, now is the time to consult with him or her and ask what legal action may help smooth the process of record return. Without knowing all of the specifics of the transition from Management Company A to Management Company B, it is difficult for me to offer much more than that. Ideally, when the contract ended with Management Company A, they would have simply boxed up hard copies of records and worked with the Board and Management Company B to transfer electronic records. You would think that 30 to 60 days, maybe 90 days would be more than enough time for this transfer of records to occur. The association attorney could better advise you if Management Company A was taking too long for this transfer and/or if they had violated any terms of their management agreement and/or state law. The bottom line is that it sounds like Management Company A wasn’t too eager to help with a smooth transition to Management Company B. That could be a reflection of how the association ended its relationship with the management company, sour grapes, or just general inefficiency of Management Company A. Whatever the reason, the records are owned by the association; not the management company. A quick discussion with the association attorney should clear up the matter. Good luck!