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Treasurer - records

Guest Tammy

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Hello and thank you for your time

I am a new officer to our landowner's association board.  In January the board discovered that voting was inconsistent with statute and governing docs.  The 'change' has been difficult to accept for 2 long time officers, one being the Treasurer.  Our treasurer, who lives out of state, was also our registered agent and our principal office.   This was contrary to NM state statute, and the board has taken steps to become compliant and the principal office  is now located in New Mexico, and the registered agent is a New Mexico resident.

The treasurer has been highly resistant to sending the association's records to the new principal office,  (the home of our Secretary).  

This has caused many problems for the board as we try to determine the most recent set of properly executed bylaws.  Copies of copies are received via emails to previous officers who also live out of state!  Requested 'amended bylaws' are received, unsigned and undated.   The amended bylaws received have sections that are contrary to state statue.   One set of 'amended bylaws' had an 'amended' CCRs also attached, although there is no record of ever amending the CCRs.  The former president, now a member at large, admits that she was "naive" in the proper execution of bylaws.

It's a bit of a mess.  How can the board 'demand' that the records are returned, so that the association is in compliance with statute?   Should our requests again be ignored, what would be our next step?

Sincerest appreciation for your time.







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The records belong to the organization not the Treasurer.  Depending on whether the Board has the authority to speak for the organization they can send the Treasurer a strongly worded letter demanding the return of the (originals) records (or the General Membership can send the letter).  If the Treasurer still refuses to return the records some options you have are to take legal action (sue) for their return.  Also, since those records belong to the organization I suppose you all could contact the police and request their assistance in getting them back (for law enforcement to get involved the organization may have to be willing to press charges).

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