At a meeting held on 4/28/10 the majority of owners voted in two trustees. One of the trustees handles the books. An owner requested financials be sent via email. The request was sent on 4/28/10 via email. The owner has not received any documents. The trustee refuses to send the documents via email and wants to charge a fee upfront. Is this legal?
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Editor's Response
I would start by taking a very close look at your condominium documents, to figure out if those documents give you any additional rights beyond those spelled out in Massachusetts General Laws Chapter 183A, Section 10, a relevant portion of which I have included below:
(c) The organization of unit owners may appoint a manager or managing agent or be self-managed by their elected trustees or managing board. The organization of unit owners shall keep a complete copy of the following items, except when the organization shall appoint a manager or managing agent who has responsibility for the collection of assessments, payment of common expenses, or the accounting or custody of common funds, in which case the manager or managing agent shall be responsible, without limitation, for keeping the records in item (4) below:
(1) a true and accurate copy of the master deed as recorded and amended;
(2) the by-laws, including amendments thereto, as recorded;
(3) the minute book, as maintained by the organization of unit owners, to the extent such minutes are kept; and
(4) financial records, including the following:
(i) records of all receipts and expenditures, invoices and vouchers authorizing payments, receivables, and bank statements relating thereto;
(ii) records regarding the replacement reserve fund or any other funds of the organization of unit owners and bank statements relating thereto;
(iii) audits, reviews, accounting statements, and financial reports relating to the finances of the organization of unit owners;
(iv) contracts for work to be performed for or services to be provided to the organization of unit owners; and
(v) all current insurance policies of the organization of unit owners, or policies which name the organization as insured or obligee.
Such records shall be kept in an up-to-date manner within the commonwealth and shall be available for reasonable inspection by any unit owner or by any mortgagee holding a recorded first mortgage on a unit during regular business hours and at such other times as may be provided in the agreement between the manager or managing agent and the organization of unit owners. Access to said records shall include the right to photocopy said records at the expense of the person or entity making the request.
Unless you have an unusual provision in your condominium documents, I doubt the trustee is obligated to send you the documents via email, and the documents may, in fact, be available only on paper. If the Trustee has to make copies to send them to you, I would think he or she is entitled to pass on the cost of making the copies. Good luck.