T.A. from South Carolina writes:
Dear Mister Condo,
Can somebody tell me if a homeowner and a treasurer (the same person) can request a copy of 2-year-old declined insurance claim on our HOA roof? I was told by a board president to drop it and by management company that I am grossly inappropriate. Can somebody help with a legal advice? Do I not have a right as a homeowner to see it? We had a huge hail storm and insurance company declined it. We have about 50-100 hits per square ft. of roof and I wanted to get public adjuster opinion if we should file a law suit. I am being told not to touch this subject. Please help!
Mister Condo replies:
T.A., I feel your frustration. As a unit owner you do have a right to see any association record, although there may be a fee to do so. As a unit owner, you do not have a right to challenge the declined insurance claim nor do you have the right to have a public adjuster opinion requested. Those are both duties of the Board and if the Board has decided not to pursue either remedy, they are well within their rights. You do have the right to vote for your Board members and, if you are not happy with how they are performing, you should certainly look to vote in some new volunteer leaders from within your association. Perhaps, this series of events has significantly motivated you to seek office. Board members are entrusted to conduct the business of the association and are the democratically elected leaders of your association. All the best!