HOA: Member threatened with arrest

I participate in a loosely knit group of people through out the US who are interested in equitable HOA's. We have no formal name but stay in contact. Last night I received a disturbing email in which a copy of a certified letter was sent to a HO. I'll call him Popeye since he is full of unconquerable strength.

He requested records from his condominium complex. He received a selective few, but those he needed were excluded for obvious reasons ... the board has something to hide. The moment you ask for any documentation the board does not want to provide the attorney plays the this is harassment card. Popeye has repeatedly requested the same documents from the HOA Board, it's Management Company and it's attorney. Wouldn't it be prudent for the board to release the documents? He's set deadlines in accordance with ARS SS 33-1305 and is ignored. He's been to the management office as well as the law firm waiting for the docs. No one provides them. No one has denied they exist.

The remaining tactic of the attorney is to send by email and certified letter warning Popeye to cease and desist or they will call the police. You can imagine how this can intimidate most Members. Popeye can send emails to the boards attorney which are ignored. Ka-ching, Ka-ching, Ka-ching! Popeye e-copies State Legislators and the insurer who is picking up the HOA legal expenses. What he's making clear to the insurer is that board resists providing a full accounting of community docs; they operate in secret. Further, as a single woman, vulnerable or incapacitated person, you're likely to get no response and give up. In other words if you live in an HOA you have little to no recourse.

Popeye, just might go to jail! Should he and the case be made public, you'll hear about it here. Word is out to the journalists. It's how every Member who asks questions should be treated, don't you think?

The only solution is for the board to allow any Member access to the records with no restrictions outside of legal proceedings or privacy. Insurers IMHO should not defend or reimburse legal expenses when boards withhold docs. The delay tactic does nothing but make attorneys rich. Don't buy in an HOA. Nothing is gained while everything can be lost. Boards and MC's play psychological war games using an endless stream of income from the Members.

If you have suffered HOA abuse, contact HOATruth.com. Dennis Legere is the principal advocate. Or you can reach me at EarsUp@iCloud.com. Full disclosure, neither are attorneys. We do this bc we don't like bullies. FREE.