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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9580
Experience:  I have been practising for 30 years.
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As a member of a home owners association can I demand to see

Customer Question

as a member of a home owners association can I demand to see the annual accounts?
Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
I'll wait, but hope it doesn't take too long
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 10 months ago.

I will deal with this for you.

If you are a member (shareholder) of a limited company which is the association or a member of a company limited by guarantee, then you are entitled to see the accounts.

If it is just an unincorporated association of which you are member then there is no absolute right to see the accounts.

Regardless, if any of these circumstances the management of the Association simply refuse to let you see the accounts, the only legal mechanism is to make an application to court for pre-action disclosure on the basis that you suspect there may be something untoward in the accounts which is why they are refusing to show them to you. I suggest to clients, in cases like this, that there is nothing to be gained by being secretive and if anyone has any interest at all in the financial issues of the association, it’s in everyone’s interest to be as transparent as possible.

The association made take more notice if the request comes from a solicitor with the threat of an application to court, for a court order, and legal costs contained in it.

If they resolutely refuse to provide the accounts to you, you would have no option but to make the application to court.

Can I clarify anything for you?

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Best wishes.

FES