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11/13/2006 2:53:02 PM

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Section 5: OPA Board
Subject: Community Center Contract Msg# 388379

From:

Bill Rakow Past OPA Board Member 2007-2010

Joined 5/20/2004

To:

Gail Kretschmar (Read)

Joined 9/13/2004

Gail,

Let me provide you with the words of the HMAA that require OPA to let us see the signed contract:

11B-112 (2) states that books and records kept by or on behalf of a homeowners association may be withheld from public inspection to the extent that they concern:

(iv) Records relating to business transactions that are currently in negotiation.

If the contract has been signed and is in effect, then it is not "in negotiation." Often, contracts have addenda and schedules that are not yet finalized. In our case, apparently OPA does not want us to see what they have already signed and executed. Sure, those who don't want to let us see it can go to Joe Moore and get an opinion that the subpar. iv words don't mean what they actually say, but why not just open up? No one is asking to see the parts still in negotiation. BTW, note the word "may." They can do it if they want regardless. Why so secret?

Bill

For reference, the above message is a reply to a message where:

A lot of people are saying the right thing to do is to make the contracts available but apparently BOD is saying they don't have to make the contracts public because of MHAA.

Please explain exactly where in the MHAA it says the members of the HOA are entitled to see all signed contracts.

Gail

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