How do I properly request governing documents and CCR’s from my HOA?

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How do I properly request governing documents and CCR’s from my HOA?

I recently received a letter from their attorney threatening me with a lawsuit which would end with me paying all legal fees. If I had the money to pay all the legal fees, there would not be a dispute. My issue revolves around a RV that some members of my family have been living in since we lost around 80% of our home over 2 1/2 years ago due to a tornado that effected my community. As one of the only homeowners with insurance, I was denied most help from the numerous charitable organizations that helped many of my neighbors. The problem starts with my insurance company only willing to offer us $5,000 for repairs. We lost nearly everything.

Asked on December 21, 2015 under Real Estate Law, Oklahoma

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

At this point, since the lawsuit has not been filed, you can ask the HOA for the documents, but they might just ignore you.
If the lawsuit is filed against you, during the course of litigation there is discovery in which you can request documents.  You would file a Request for Production of Documents which is a list of the documents that you want to obtain.  The Request for Production of Documents is not filed with the court.  It is served by mail on the opposing party's attorney and it states that Defendant (you are the defendant) is requesting the following documents and they are to be produced by _______ (date) and delivered to ______ (your address).  You sign and date the request for production of documents and mail it with a proof of service to the opposing attorney.


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