‘[That’s] a lot of money to pay just to find out if I can talk to my neighbors': HOA bans neighbors from talking about the HOA, so neighbors seriously consider a $300-$1k alternative

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    Sky - || 新店
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    Font - Posted by u/gothruthis 11 hours ago Cease and desist for sharing annual budget with my neighbor? Advice / Help Wanted
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    Font - TL;DR: Board is trying to ban neighbors from sharing HOA documents with each other, can they do that? I am in an 800 parcel single family home HOA in Missouri. I am not on the board.
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    Font - The board has a history of restricting access to information as much as possible in order to prevent people complaining or asking questions about how they spend the money. For example, if there is a budget item about "landscaping" and members ask who is doing the
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    Font - landscaping, or what landscaping is being done, etc., board members will simply refuse to discuss and answer that "the landscaping is being done in the way the board believes is best for the community."
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    Font - The bylaws (written in 1979) provide that members have the right to obtain copies of the budget, bylaws, accounting records, etc. by "contacting a member of the board or in- person at [the management office located about a 90 minute drive away]. Members of the
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    Font - board tend to be largely non- responsive to requests for copies of the budget because it always leads to people asking questions. So I happened to be close to the management office and went in and got a copy of the budget. I then emailed that to my neighbor who owns (and
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    Font - yes I know she owns as property records are public) the home next door. She circulated that to a few more neighbors, who circulated it to others.
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    Font - The board sent everyone they could track down a cease and desist letter banning residents from sharing the budget with others, claiming that since the bylaws provide that, "members may obtain the budget through a board member or the office," this means members may ONLY
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    Font - obtain the budget that way and they cannot obtain it by any other means such as through a neighbor, and anyone who shares it is violating the bylaws and if we don't cease and desist from sharing budget info with each other, they will "levy reasonable fines on us to be determined by the board as a
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    Font - sufficient deterrent for such violations." I called a few lawyers and basically everyone wants $300- 400 per hour and a $1000+ retainer which is a lot of money to pay just to find out if I can talk to my neighbors. Can they
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    Font - really ban me from discussing stuff and sharing the budget in a more convenient way, with people who are legally entitled to have it, albeit in a less convenient way??
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    Font - [Also... please don't say "just get on the board" -- one of our group tried that last year and he told us that the first thing they made the newly elected people do is sign a document saying if they disclosed anything to residents they would be removed from the board, so he
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    Font - couldn't tell us anything. After a few months it got back to one of the main 4 people (5 total positions) and he got the boot for telling people about having to sign that document. The board then appointed another person in their friend group to replace him. ]
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    Font - Fool_On_the_Hill_9 · 11 hr. ago You can share any document you are in legal possession of unless there is a law prohibiting it or unless you have signed a nondisclosure agreement.
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    Font - I can't imagine a law making your budget illegal to share. If it existed, they would have cited it in the cease and desist letter. You can post in on the internet if you want.
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    Font - LV LVIL redsunglasses8 10 hr. ago ● I've never heard of an HOA not sharing the budget. That's the basis for shared funds. Yikes.
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    Font - haydesigner 10 hr. ago HOA Board Member ● Exactly... it is Home Owners Association after all, not the Board Association.
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    Font - Every owner has every right to their Associations budget. What the owner does with that is their business.
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    Font - Texan2020katza. 20 min. ago No, I would make copies of the budget and post them everywhere.
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    Font - Photocopied Program 8 hr. ago Cease and desist holds no legal authority anyways. I would mail a copy of the budget and the cease and desist letter to every homeowner every quarter just in spite.
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    Font - asdfasdfasdfqwerty12. 11 hr. ago This all sounds fishy as f ... If I was in this situation it would bring out my worst most malicious self and I would work tirelessly to bring down that board. It would be war.
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    Font - I'd start racking up as many of their phony fines as a badge of honor. Do you think any judge is going to take any of their sh seriously?
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    Font - You need to get as many documents as you can get your hands on. Print them out and share freely with every neighbor.
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    Font - Build up a core group and go door to door meeting neighbors and getting their contact info. Make a Google/Facebook group. Make a few signs and post the groups info at the entrance to the subdivision.
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    Font - I bet there is so much shady sh that will start coming to light... Don't be scared of oles. a

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