Why Does the HOA Board of Directors Bring Lawsuits Upon the Association?

You may ask yourself why the Association has been put in this situation by its Board of Directors. The Board of Directors makes decisions on behalf of the Association. These decisions are based upon the legal opinions of the attorneys who represent the Association and on other factors such as Association finances, priorities, information at-hand, false information, personal biases, contract language, etc. Did you know that vendors slide indemnity clauses into their contracts with the Association so that the Association agrees to hold harmless the vendor from damage, liability, cost, and expense arising out of any contractual breach, breach of warranty, covenant, etc.?

For Example, why is it so hard for the Association to produce a record that a member legally requests? Could it be that the Association or the Management Company has lost the record. Could it be that the Association has altered the record? Could it be that the Association has failed to sign its contractual records? Could it be that the Association refuses to provide a member(s) access to the record? Could it be that the Association is covering something up? More questions with little explanation. Is it more troubling when the Association cannot produce more than 1 record? More than 10 records? More than 25 records? More than 50 records? More than all the records? How hard should it be for a member to receive a copy of an executed contract between the Association and a vendor who repairs the pool? Or a copy of the Association’s Insurance Policy? Or a financial statement?

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