New record inspection policies violate bylaws
At the March BOD meeting, two new policies were proposed that were supposedly intended to clarify access to records by directors and residents in accordance with existing association bylaws. Unfortunately, these policies would make it more difficult for residents – and directors – to request and copy records. While the BOD can establish rules regarding notice of inspection and payment regarding residents, it is not allowed to restrict inspection by directors. In addition, the State of New Mexico passed legislation (SB497 – see Links page) in 2013 that addresses homeowner rights to records, so it is puzzling why 5 of 7 board members want to make records less accessible to directors and residents.
Per ByLaws Section 9.4 (c) Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all Association books, records, and documents and the physical properties owned or controlled by the Association. A director’s right of inspection includes the right to make a copy of relevant documents at the Association’s expense.
Previous boards in RVS made documents accessible to residents on the association website where residents could download documents, but many of these documents were removed by the current President in 2013. During the March board meeting, two directors and several residents objected to the newly proposed policies stating their concern regarding conflict with association bylaws and a heated debate ensued regarding modifications. Despite this, it appears that the end result will be a set of cumbersome, restrictive rules where residents will have to pay $.25/page for copies. Please click the links below to download the original proposals: more proof that the majority of the BOD doesn’t like transparency ~ or trust residents and directors to handle records in a responsible manner.