How to request pubilc documents correctly
Simple Instructions: Official Formal Document Written Request Letter to Elisa Garibay of Powerstone Management is responsible for Civil Code records request compliance.
Send via certified mail, email (with read receipt), and/or the association’s portal for proof of delivery.
Keep it professional, concise, and specific. Retain copies of any/all correspondence.
Sample Structure for Your Request Letter:
[Your Name]
[Your Property Address in La Cresta]
[Date]
Elisa Garibay, POA Manager
Powerstone Property Management
POA Manager email: egaribay@powerstonepm.com
Re: Formal Request for Inspection and Copying of Association Records of La Cresta Property Owners Association (LCPOA)
Member: [Your Name]
Dear Ms. Garibay:
Pursuant to California Civil Code §§ 5200–5215 (Davis-Stirling Act) and Corporations Code provisions applicable to mutual benefit corporations, I am a member in good standing of LCPOA and hereby request inspection and copying of the following association records:
List specifically, e.g.:
• Current and prior governing documents Articles of Incorporation, CC&Rs/Declarations and all amendments, Bylaws, current Architectural Guidelines/Rules.
• Financial records; budgets, reserve studies/reports, financial statements for current + prior 2 fiscal years, invoices/contracts.
• Meeting Minutes for board or specific committee.
• Any other specific items, e.g., road maintenance records, enforcement actions.
Purpose: The request is for purposes reasonably related to my interests as a member in reviewing compliance with governing documents, financial transparency, assessment justifications.
I request production within the statutory timelines:
• Current fiscal year records: within 10 business days.
• Prior two fiscal years: within 30 calendar days.
I am willing to inspect at the association’s business office or an agreed location. I will pay reasonable direct costs for copying please provide an estimate in advance per Civ. Code §5205
Please contact me at [phone/email] to arrange.
If any records are withheld, please provide a written explanation citing the specific exemption.
Thank you for your prompt attention to this mandatory request. Failure to comply may result in further action under the Davis-Stirling Act including potential court enforcement, costs, and fees under Civ. Code §5235
Sincerely,
[Your Name]
[Contact Info]
Key Legal Citations for the formal Request:
• Civil Code §5200 et seq. Davis-Stirling Act: Defines “association records” broadly as governing docs, financials, contracts, minutes, etc. and grants members the right to inspect/copy.
• Civil Code §5210: Specific timelines are codified 10 business days for current year; 30 days for prior two years.
• Civil Code §5205: Procedures, location, no unnecessary board approval for timeline delays with reasonable costs only.
• Corporations Code §§8330–8333 Nonprofit Mutual Benefit Corporations: Additional/member inspection rights for membership lists, accounting financial records/books, minutes, etc., for proper purposes.
• Governing documents must be provided also required in resale disclosures under Civ. Code §4525.
Associations must comply; unreasonable denial can lead to penalties, recovery of reasonable attorney fees, and court orders.
Member Rights to IDR/ADR for Disputes
• Internal Dispute Resolution (IDR / “Meet and Confer”): Civ. Code §§5900–5920. LCPOA must provide a fair, reasonable, expeditious procedure that is free to the member to resolve disputes over rights/duties under the Davis-Stirling Act or CC’R’s governing documents. The association must participate if you request in writing. It is often a meeting with the board or committee. Associations must include their IDR procedure in the annual policy statement.
• Alternative Dispute Resolution (ADR): Civ. Code §§5925–5965. Before filing most enforcement actions in court by member or association, parties must endeavor to resolve via mediation, arbitration, or similar neutral process with some exceptions, e.g., small claims, emergencies.
You can cite these in correspondence if seeking resolution on issues like document access, enforcement, assessments, etc. Start with a written IDR request if needed.
Recommendations:
1. Read HOA HELL authored by attorney with 30yrs experience protecting or asserting members rights.
2. Review attached official LCPOA documents published on LaCresta.net
3. Carefully retain and be sure to follow up on all your communication(s) with Powerstone Management & LCPOA Board Correspondence sent to Powerstone Management Company assigned agent LCPOA property manager Elisa Garibay documented.
La Cresta Property Owners Association (LCPOA) is a California nonprofit mutual benefit corporation managing a rural/agricultural community within Riverside County, with properties often on 5+ acre parcels zoned R-A-5.
It is important to understand that our community is not zoned for commercial businesses, this includes churches, manufacturing, mercantile, wine bottling facilities for commercial sale, storage facilities, auto repair or other commercial purposes.
Agricultural production is allowed as are residential home businesses (attorney office, real estate or hairdresser or masseuse).
Governing Documents Overview
Typical governing documents for such an association is per the Davis-Stirling Act, Civil Code §4150 et seq. include:
• Articles of Incorporation: Filed with California Secretary of State. These establish the entity as a mutual benefit corporation, outline basic powers, purposes (e.g., maintenance, enforcement of restrictions), and corporate structure. LCPOA documents reference incorporation status.
• CC&Rs are a Declaration of Covenants, Conditions, and Restrictions: Recorded with the Riverside County Recorder. These are the primary enforceable restrictions on property use, architectural controls, maintenance obligations, etc. LCPOA has older “Declaration of Restrictions” documents from 1969 for Unit 1 that Include possible amendments.
Key provisions include architectural review by Architectural Committee approval required, setbacks, minimum dwelling sizes, prohibitions or restrictions on mobile homes (e.g., post-1976 rules in some versions), and general plan enforcement.
• Bylaws: Govern internal operations, board powers, member meetings, elections, etc.
• Rules/Regulations, Architectural Guidelines, Policies: Operational details (e.g., enforcement, financial reserves, roads).
Website review LaCresta.net This website hosts or links to scans/PDFs of key items, including:
• CC&Rs/Declaration of Restrictions (e.g., links to PDFs discussing mobile home restrictions on p. 4, Section III-C; architectural controls; road/cul-de-sac maintenance).
• Articles of Incorporation references and related filings.
• Mentions of Bylaws, 2004 Road Vacation Resolution, Architectural Guidelines, Financial Reserve info, etc.
These documents emphasize uniform application of rules, fiduciary duties of the board, and member rights.
The site also discusses disputes over enforcement (e.g., mobile homes, roads, reserves, dues). Full current consolidated versions should be requested from the association or management, as amendments may exist.
Public records request County Recorder for CC&Rs; CA Secretary of State for Articles Of Incorporation.
Powerstone Property Management assigned agent is Elisa Garibay who handles duties of LCPOA management.