OurHOA
Board & governance

A former HOA board member won't return the checkbook, keys or files. What can the board do?

By OurHOA · General information · Revised

What an HOA board can do when a former director keeps the checkbook, keys, laptop or records: lock down accounts, send a written demand, and when to go to court.

Part of the HOA board handbook: running the board.

The short answer

The checkbook, keys, records and anything bought with association money belong to the association, not to the person who held them. Start with what the board controls without anyone's cooperation: bank signers, locks, gate codes and passwords. Do that the same week. Then send one calm written demand with a list and a deadline. Most holdouts end there, because the person was angry or disorganized, not dishonest. If the demand fails, bring in the association's attorney and the insurer. Texas, Florida and Colorado all give the association civil remedies, and two of them let it recover attorney fees. If money is missing or checks were used, report it to the police and the bank right away instead of waiting on a letter. Rules vary by state and by your bylaws. This guide is education, not legal advice.

Lock things down first

Do not wait for the property to come back before you protect the association. A checkbook in the wrong hands matters only if the bank still honors it. Bank. Adopt a board resolution naming the current signers and removing the former director, then take the signed minutes to the bank. Ask the bank to close any debit card in that person's name, revoke their online banking login and flag the account for checks drawn on numbers they hold. Order new checks with a new number series. If the person held a large stock of blank checks, ask the bank whether opening a new account is the cleaner fix. Physical access. Rekey the clubhouse, pool and storage room locks, change gate codes and deactivate fobs assigned to the person. Accounts. Change passwords on email, the payment processor, accounting files, the website and utility accounts. Our guide on recovering the HOA website domain from a former volunteer covers the case where the person registered the domain in their own name. Record each change in the minutes with the date. If something goes wrong later, those dates show when the person lost authority.

List what is missing

Before you write to anyone, make a list. Vague demands get vague answers. Go item by item and note how you know the association owns each one. Checks and banking: checkbook, unused check stock, deposit book, bank security token. Keys and access: master keys, mailbox or PO box keys, fobs, the clubhouse alarm code card. Equipment: a laptop, printer or tablet bought with association funds. Pull the invoice or the bank line showing the purchase. Records: minute book, ballots and proxies, owner ledgers, contracts, insurance policies, tax returns, architectural files, the seal if you have one. Digital: the password list, files on a personal computer or personal cloud drive, and any email account the person used for association business. Rebuild what you can while you wait. The bank can send statements and check images, the insurer can send the policy, the CPA can send prior returns. Our new HOA treasurer handoff checklist lists what a complete set of financial records looks like.

The written demand

Send it by email and certified mail, from the board president, after a board vote. Keep it short and factual. Leave out accusations. Calling someone a thief in writing before a lawyer reviews it gives them a defamation claim to argue about instead of a box of files to return. Sample wording: "At its meeting on [date], the board asked that all association property in your possession be returned. This includes [list]. Please drop these items at [place] or tell us a time this week when a director can pick them up. Please also send any association files stored on your personal devices or accounts, and then delete your copies. We ask that this be done by [date, 10 days out]. Thank you for your service to the community." Offer an easy handoff. A box on the porch with no meeting attached is often what gets the job done. In Florida, a director removed by recall must turn over all records and property of the association within 5 full business days under section 720.303(10), and if a removed director refuses, the circuit court can summarily order the director to turn over the association's records. Cite that in the letter when it applies.

Why the records matter

Owners can demand records whether or not a former director kept them. Texas section 209.005 gives the association 10 business days to produce copies after a written request. Florida section 720.303(5) gives 10 business days and sets minimum damages of $50 a day for up to 10 days when a certified-mail request is ignored. Colorado section 38-33.3-317(1) lists the records an association must keep, including detailed records of receipts and expenditures and minutes of every meeting. "A former director has them" does not satisfy any of these. Florida adds criminal exposure on the other side. Under 720.303(5)(d) to (f), a director, officer or manager who knowingly, willfully and repeatedly violates the records-access rule with intent to cause harm commits a second-degree misdemeanor, destroying accounting records to harm the association is a first-degree misdemeanor, and refusing to release records to avoid detection of a crime is a third-degree felony. Mention the statute in a second letter, not the first.

If the demand fails

Call the attorney after the deadline passes. All three states have a civil theft statute with damages above the value of the property. Texas. The Theft Liability Act, Civil Practice and Remedies Code section 134.005, allows actual damages plus up to $1,000 more, with court costs and attorney fees to the prevailing party. That cuts both ways. If the association sues and loses, it can owe the other side's fees. A justice court hears civil cases up to $20,000 under Government Code section 27.031. Florida. Section 772.11 allows three times actual damages, with a $200 minimum, plus attorney fees. Before filing, the association must send a written demand for the treble amount, and a person who pays within 30 days gets a release. Colorado. Section 18-4-405 says stolen property must be restored to its owner and allows the greater of $200 or three times actual damages, plus attorney fees. County court small claims hears replevin, a suit to get property back, when the property is worth $7,500 or less under section 13-6-403. Tell the insurer early. If association money is missing, the crime or fidelity policy usually requires prompt notice, and our guide on HOA fidelity bonds and embezzlement protection explains that coverage. Report missing funds or forged checks to the police and the bank the day you find them.

A motion and a timeline

Motion to copy: "I move that the board remove [name] as a signer on all association accounts, authorize [two directors] as signers, direct the treasurer to deliver these minutes to [bank] by [date], authorize rekeying of [locks] at a cost not to exceed $[amount], and direct the president to send a written request for return of association property by [date]." Week 1: board meeting, signer change, bank visit, locks and passwords changed, missing-items list started. Week 2: demand letter goes out by email and certified mail. Week 4: deadline passes. If nothing came back, the board meets in a closed session if your state allows one for pending legal matters and decides whether to send the matter to the attorney. Week 5 onward: attorney letter, insurer notice if money is involved, then small claims or a civil theft claim only if the property or the records are worth the fight. The 10-day deadline and the weekly pace are practice, not statute.

Mistakes boards make

Waiting for the person to calm down before changing bank signers. Change the signers first. Going to their house to take things back. Send a letter and offer a pickup, and let the attorney handle anything past that. Arguing about it on the neighborhood Facebook group. That turns a property problem into a defamation problem. Suing over a $200 printer. Most boards should buy a new one and spend their energy on the records. Forgetting the personal devices. A returned laptop does not help if the owner ledger lives in the person's personal cloud drive. Ask for the files and for deletion of their copies in the same letter. Skipping the inventory. Without a list the person can return a binder, say that is everything, and the board has no way to show otherwise.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

More from the board handbook

Leave the next board a clean record

Minutes, votes, documents and board decisions stay in one place when directors change. Free to start.