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Does a unit owner have the right to view owner balance information? PDF Print E-mail
Saturday, 21 January 2012 18:09

Q. I stepped down as board president in September 2011. A new BOD was elected since then.  The current President has a history of not paying their assessments.

I’ve been asking the management company for monthly financial reports but they refuse to send me the report saying that it is prohibited by federal law to send A/R info unless I am a board member.  Is that true?

A. The IL Condo Act prohibits the board of directors from discussing owner balance information with unit owners who are not board members.  As an agent of the board, therefore, the management company is not at liberty to share that information with any unit owner who is not a board member.

If you suspect that a board member is not paying their appropriate share of the common expenses, and payment of their assessments is not being enforced, the board could be guilty of neglecting their fiduciary duty.  A unit owner has a right to request to view the financial records of the association if they submit a request in writing that states a "proper purpose" for the request.  

I would suggest a consultation with an attorney to draft the letter properly and review the consequences if your request is denied.  You may be able to pursue legal action to compel the management company to allow you to view the requested information in order to determine if your board is not, in fact, upholding their fiduciary duty to enforce payment of all assessments equally.

Lauren Peddinghaus, CMCA
Haus Financial Services, LLC

 

 

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