Can the HOA President Deny Owners Access to Documents?

According to Section 11B–112 of the Maryland HOA Act, homeowners have a right to inspect certain books and records of the association. Subsections (ii) and (iii) state the following:

(ii) Books and records required to be made available under subparagraph (i) of this paragraph shall first be made available to a lot owner no later than 15 business days after a lot is conveyed by the declarant and the lot owner requests to examine or copy the books and records.

(iii) If a lot owner requests in writing a copy of financial statements of the homeowners association or the minutes of a meeting of the governing body of the homeowners association to be delivered, the governing body of the homeowners association shall compile and send the requested information by mail, electronic transmission, or personal delivery:

1. Within 21 days after receipt of the written request, if the financial statements or minutes were prepared within the 3 years immediately preceding receipt of the request; o
2. Within 45 days after receipt of the written request, if the financial statements or minutes were prepared more than 3 years before receipt of the request.”

Your association’s bylaws and CC&Rs may also speak more on homeowner access when it comes to records and even the community portal. Consider bringing the matter up at the next board meeting if there is a designated open forum. Alternatively, you can call attention to this issue with other board members or the HOA manager.