Recently Board member Chris Miller requested a copy of the tape recording of the November 13, 2017 BOD open work session. Mr. Miller requested the copy as a director, and the board secretary is stonewalling his request. With this in mind we feel it important to bring to your attention a lawsuit filed a few years ago by a property owner in good standing which resulted in a favorable ruling on behalf of all property owners in Treasure Lake.
Most property owners are not aware of their “rights” to obtain certain information from TLPOA, Inc.. What follows is a summary of a lawsuit filed by a Property Owner who wanted a copy of a Board meeting and was being STONEWALLED by management and the Board. CHERYL A. GRAY, Petitioner vs. TREASURE LAKE PROPERTY OWNERS ASSOCIATION, Respondent, Case # 07-1728-CD.
It is our opinion that it took courage and honorable determination on the part of Cheryl A. Gray to execute this action and we sincerely thank her.
Summary: “On October 24, 2007 Cheryl A. Gray (Gray) filed a Complaint against Treasure Lake Property Owners Association (Treasure Lake) claiming that she has the right to a copy of a tape-recording of portions of a Treasure Lake Property Owners Association Board meeting held August 27, 2007.” On June 26, 2008 President Judge, Honorable Fredric J. Ammerman issued the following OPINION. “However, this Court finds that if a tape is made it is a record of the proceeding under Section 5508 (b), and the Plaintiff is entitled to a copy of it.”
What follows is a copy of Title 15 Pa.C.S.A 5508
§ 5508. Corporate records; inspection by members.
(a) Required records.–Every nonprofit corporation shall keep minutes of the proceedings of the members, the directors and any other body, and a membership register, giving the names and addresses of all members and the class and other details of the membership of each. The corporation shall also keep appropriate, complete and accurate books or records of account. The records provided for in this subsection shall be kept at any of the following locations:
(1) the registered office of the corporation in this Commonwealth;
(2) the principal place of business wherever situated; or
(3) any actual business office of the corporation.
(b) Right of inspection by a member.–Every member shall, upon written verified demand stating the purpose thereof, have a right to examine, in person or by agent or attorney, during the usual hours for business for any proper purpose, the membership register, books and records of account, and records of the proceedings of the members, directors and any other body, and to make copies or extracts therefrom. A proper purpose shall mean a purpose reasonably related to the interest of the person as a member. In every instance where an attorney or other agent is the person who seeks the right of inspection, the demand shall be accompanied by a verified power of attorney or other writing that authorizes the attorney or other agent to so act on behalf of the member. The demand shall be directed to the corporation:
(1) at its registered office in this Commonwealth;
(2) at its principal place of business wherever situated; or
(3) in care of the person in charge of an actual business office of the corporation.
(c) Proceedings for the enforcement of inspection by a member.–If the corporation, or an officer or agent thereof, refuses to permit an inspection sought by a member or attorney or other agent acting for the member pursuant to subsection (b) or does not reply to the demand within five business days after the demand has been made, the member may apply to the court for an order to compel the inspection. The court shall determine whether or not the person seeking inspection is entitled to the inspection sought. The court may summarily order the corporation to permit the member to inspect the membership register and the other books and records of the corporation and to make copies or extracts therefrom; or the court may order the corporation to furnish to the member a list of its members as of a specific date on condition that the member first pay to the corporation the reasonable cost of obtaining and furnishing the list and on such other conditions as the court deems appropriate. Where the member seeks to inspect the books and records of the corporation, other than its membership register or list of members, he shall first establish:
(1) that he has complied with the provisions of this section respecting the form and manner of making demand for inspection of such document; and
(2) that the inspection he seeks is for a proper purpose.
Where the member seeks to inspect the membership register or list of members of the corporation and he has complied with the provisions of this section respecting the form and manner of making demand for inspection of the documents, the burden of proof shall be upon the corporation to establish that the inspection he seeks is for an improper purpose. The court may, in its discretion, prescribe any limitations or conditions with reference to the inspection, or award such other or further relief as the court deems just and proper. The court may order books, documents and records, pertinent extracts therefrom, or duly authenticated copies thereof, to be brought into this Commonwealth and kept in this Commonwealth upon such terms and conditions as the order may prescribe.
(d) Cross references.–See sections 107 (relating to form of records) and 5512 (relating to informational rights of a director).
(June 22, 2001, P.L.418, No.34, eff. 60 days)
Cross References. Section 5508 is referred to in sections 5512, 6145 of this title.