State Laws On Homeowner Rights To Review And Copy Governing Documents

Many things can go wrong when your HOA board doesn’t share information. It signals a poorly run board that does not listen to homeowners. Furthermore, the homeowners lose their trust when a board fails to respond. Before long, homeowners will start feeling suspicious due to the lack of transparency.

 

Understanding the Right to Review and Copy Governing Documents

Every homeowners association has a board of directors that were elected into their posts. The job of the board is to manage the community. Many things go into this, such as collecting dues, maintaining common areas, and responding to homeowner concerns.

Most of the time, HOA boards do a good job of running the association and keeping members in the loop. But, a few bad boards don’t share enough information with residents and even deny them a copy of the governing documents.

When this happens, be careful not to stop paying dues. You may feel tempted to default on your HOA fees as a way to retaliate. However, that will only create more problems, not just for you but for your fellow owners as well.

Your instinct may also tell you to take legal action. While you might feel like it is your best option to take the board to court, filing a lawsuit should be the last resort. Lawsuits can be very expensive and time-consuming. You also need to gather sufficient evidence to prove your case. Plus, you’ll be hurting your neighbors in the process.

If your board doesn’t let homeowners review HOA governing documents, here are the proper steps to take.

 

1. Check the Governing Documents Themselves

First, it’s important to check your CC&Rs and bylaws. These documents will tell you everything you need to know about lodging complaints with the board. The CC&Rs and bylaws also outline the board’s duties in sharing the governing documents, sending out notices, and responding to concerns.

 

2. Try All Communication Channels

Next, exhaust all communication channels. Your HOA board may not be responding to your requests for several reasons. Make sure to reach out to them by phone or in person as well. If you have an HOA manager, approach them with your concern, as they may be responsible for fielding homeowner issues.

 

3. Attend a Meeting

After trying all forms of communication, the next thing to try is to approach the board at a regularly scheduled meeting. Attend a board meeting and raise your concerns there. Most of the time, board meetings have a designated open forum for homeowners. By looking for the notice, you will know when and where the next board meeting is.

 

4. Find Support

If your concern doesn’t only involve you, you might want to seek support from your neighbors. Chances are you’re not alone in your plight. Band together to show your HOA board the importance of the issue. You may be able to call for a special meeting, too, depending on state laws and your bylaws.

 

5. Enter Dispute Resolution

Consider entering dispute resolution if you and the board can’t agree on the issue. Your HOA may have its own internal dispute resolution process. If not, alternative means for dispute resolution exist, including mediation and arbitration. Of course, this will only work if all parties are up for it.

 

6. Remove Board Members

Finally, you might also consider removing the bad eggs from the board. Different states have laws on this matter, so check your laws for guidance.

Your bylaws may also provide the procedure and requirements for removing a board member. More often than not, this action requires a majority vote.

 

State Laws on HOA Member Right to Review and Copy Governing Documents

An HOA board not sharing information is one thing, but a board that refuses to respond to document requests can be another source of frustration. In many states, homeowners have a right to examine the records of an association, and the board must adhere to such requests within specified timeframes. Some states even have penalties if a board fails to comply.

Here are the state laws that talk about the right of HOA members to inspect documents.

 

1. Alabama

Here are the records inspection statutes that apply to associations in Alabama.

Alabama Homeowners’ Association Act Section 35-20-13

• This section specifies that an HOA must make records and information available to each member upon written request.
• The HOA board has 30 days from the date of the request to comply.
• The HOA may charge reasonable fees for producing the records.
• Records an owner may request include documents reflecting the most recent assessments, a copy of the current operating budget and reserve funds, documents evidencing any insurance coverage, documents evidencing any loans against the association, and more.

Alabama Uniform Condominium Act of 1991 Section 35-8A-318

• This section specifies that an association shall make all financial and other records reasonably available for examination by any unit owner.
• The HOA may charge a reasonable fee or hourly charge for the service.

 

2. Alaska

Here are the records inspection statutes that apply to associations in Alaska.

Alaska Horizontal Property Regimes Act Section 34.07.290

• This section specifies that apartment owners may examine the receipts and expenditures records and vouchers for maintenance and repairs of common areas and facilities at convenient hours of weekdays.

Alaska Uniform Common Interest Ownership Act Section 34.08.490

• This section specifies that an HOA must make financial and other records reasonably available for examination by a unit owner.

 

3. Arizona

Here are the records inspection statutes that apply to associations in Arizona.

Arizona Condominium Act Section 33-1258

• This section specifies that an association must make all financial and other records reasonably available for examination.
• The HOA may not charge a fee for this service, though it may charge a fee for making copies. Charges may not exceed 15 cents per page.
• The HOA has 10 business days to comply with a request for examination.
• There are certain records that an HOA may withhold from examination as per the section, such as documents that relate to pending litigation, personnel records, executive session minutes, and more.

Arizona Planned Communities Act Section 33-1805

• This section specifies that an HOA must make all financial and other records reasonably available for examination.
• The HOA may not charge a fee for this service, though it may charge a fee for making copies. Charges may not exceed 15 cents per page.
• The HOA has 10 business days to comply with a request for examination.
• There are certain records that an HOA may withhold from examination as per the section, such as documents that relate to pending litigation, personnel records, executive session minutes, and more.

 

4. Arkansas

Here are the records inspection statutes that apply to associations in Arkansas.

Arkansas Horizontal Property Act Section 18-13-110

• This section specifies that apartment owners may examine the receipts and expenditures records and vouchers for maintenance and repairs of common elements at convenient hours on working days.

 

5. California

Here are the records inspection statutes that apply to associations in California.

Davis-Stirling Act

• Section 5200 defines association records and enhanced association records.
• Section 5205 specifies that an HOA must make association records available for member inspection and copying, subject to other requirements and provisions.
• The HOA may charge the member for the direct and actual cost of copying and delivering the records as well as an amount that doesn’t exceed $10 per hour and $200 total per written request for the time involved in redaction enhanced records.
• Section 5210 tackles time periods for producing records. The HOA has 10 business days after receiving the request to produce records prepared within the fiscal year. The HOA has 30 calendar days following the receipt of the request to produce records prepared within the past two fiscal years. Minutes of meetings are subject to other timeframes.
• For membership lists, Section 5225 states that a member must specify the purpose of the request. An HOA may deny the request if it believes that the member will use the list for a different purpose.
• Section 5230 places certain restrictions on using association records, such as prohibiting commercial use or selling the records.

 

6. Colorado

Here are the records inspection statutes that apply to associations in Colorado.

Colorado Condominium Ownership Act Section 38-33-107

• This section specifies that unit owners may examine records authorizing payments relating to general and limited common elements at convenient weekday business hours.

Colorado Common Interest Ownership Act Section 38-33.3-317

• This section details the records an HOA must maintain for the purposes of document retention and production to owners. These include detailed records of receipts and expenditures, minutes of all meetings, financial statements, governing documents, and more.
• The same section specifies that an HOA must make all records available for unit owner examination and copying. An HOA may require owners to submit a written request at least 10 days before inspection or the production of the records. The HOA may also limit the examination and copying to business hours or the next board meeting if the meeting occurs within 30 days following the request.
• Membership lists may not be used for commercial purposes, soliciting money, or any other purpose unrelated to the unit owner’s interest as a unit owner without permission from the board.
• There are certain records an HOA may withhold from examination and copying, such as records related to contracts or bids under negotiation, communications with legal counsel, and executive session minutes. Some records should not be available for inspection and copying, such as personnel records and account information of members.
• The HOA may charge a reasonable fee for material and labor costs in copying the association records but may not go over the estimated cost of production or reproduction.
• The HOA must comply with a unit owner’s request within 30 calendar days following the receipt of the request. Failure to comply will make the HOA liable for penalties in the amount of $50 per day, beginning on the 11th business day following the receipt of the request, with a maximum penalty of $500 or actual damages, whichever is greater.

 

7. Connecticut

Here are the records inspection statutes that apply to associations in Connecticut.

Connecticut Condominium Act of 1976 Section 47-81

• This section specifies that an association must make records available for examination and copying by any unit owner during normal business hours upon request.

Connecticut Common Interest Ownership Act Section 47-260

• This section specifies that all records retained by an HOA must be available for unit owner examination or copying, either in person or electronically, during reasonable business hours or at a mutually agreed time and location.
• The records available for examination and copying include detailed records of receipts and expenditures, minutes of all meetings, all financial statements and tax returns, and more.
• Unit owners must provide 30 days’ notice identifying the specific records requested.
• The HOA has 5 business days following the receipt of the notice to provide two dates when the unit owner may examine or copy the records.
• An HOA may withhold certain records for examination, such as contracts and bids currently under negotiation, ongoing litigation, and executive session minutes. There are also certain records that an HOA must not make available for inspection, such as personnel records.
• An HOA may charge a reasonable fee for copying the records and supervising the inspection of records.

 

8. Delaware

Here are the records inspection statutes that apply to associations in Delaware.

Delaware Uniform Common Interest Ownership Act Section 81-318

• This section specifies that an HOA must make all records available for examination and copying by a unit owner. These records include membership lists, minutes of all meetings, detailed records of receipts and expenditures, and more. It also outlines certain requirements of the HOA to maintain records that can be converted into written form and to keep a copy of certain records at its principal office.
• Unit owners may exercise this right only during reasonable business hours or at a mutually agreed time and place. They must also provide 5 days written notice detailing the request’s purpose and the specific records they wish to inspect.
• An HOA may withhold certain records from inspection, including medical records, ongoing litigation, executive session minutes, and more.
• The HOA may charge a fee for converting records into written form, providing copies of the records, and allowing inspection. However, the fee may not exceed the actual cost of labor and materials the HOA incurs to comply with the request. The HOA may charge this fee in advance.

 

9. Florida

Here are the records inspection statutes that apply to associations in Florida.

Florida Homeowners’ Association Act Section 720.303

• This section specifies that an HOA must make the official records, as defined in the same section, available to owners for inspection and photocopying within 45 miles of the community or within the county where the location is.
• The HOA has 10 business days after receiving the written request to comply. If an HOA fails to comply, the member is entitled to actual damages or minimum damages. Minimum damages are $50 per calendar day up to 10 days beginning on the 11th business day following the receipt of the request.
• An HOA may adopt reasonable written rules concerning such requests’ time, place, frequency, and notice. The HOA may also adopt reasonable written rules governing the records available for inspection and the manner of inspection. However, an HOA may not require an owner to provide a proper purpose or reason for the examination. An HOA also may not limit the inspection to less than one 8-hour business day per month.
• An HOA may charge fees to cover the costs of providing copies but may not charge a fee if the owner copies the records using a portable device such as a smartphone.
• There are certain records that members may not access, such as personnel records, medical records, social security numbers, and more.

 

10. Georgia

Here are the records inspection statutes that apply to associations in Georgia.

Georgia Nonprofit Corporation Code Section 14-3-1602

• This section details the records that a corporation must maintain, including its articles of incorporation, bylaws, resolutions, minutes of all meetings, and membership lists.
• This section also specifies that a member may inspect and copy any of the corporation’s records at a reasonable time and place. A member must provide written notice or a written demand at least 5 business days prior.

 

11. Hawaii

Here are the records inspection statutes that apply to associations in Hawaii.

Hawaii Planned Community Associations Section 421J-7

• This section specifies that an HOA must make certain association records and documents available for examination at no cost to any member on a 24-hour loan or during reasonable hours. These include financial statements, minutes of all meetings (except executive sessions), and other records.
• An HOA may charge a reasonable fee for the duplication, postage, stationery, and other administrative costs.
• Members can examine proxies, ballots, tally sheets, and other select election documents for 30 days after any association meeting. An HOA may require members to provide an affidavit stating that the request is made in good faith.
• Members may submit a written request to examine other association documents. The board must respond with a written authorization or refusal (with an explanation of the refusal) within 60 calendar days of receiving the request.
• An HOA may withhold certain records from inspection, such as personnel records, medical records, and more.

Hawaii Condominium Property Act Section 514B-152

• This section specifies that an association must make all financial and other records available for examination by any unit owner.

 

12. Idaho

Here are the records inspection statutes that apply to associations in Idaho.

Idaho Nonprofit Corporation Act Section 30-30-1102

• This section specifies that a member may inspect and copy any of the corporation’s records described in section 30-30-1101 at a reasonable time and location. The member must provide written notice or a written demand at least 15 business days prior.
• There are certain records an HOA board may deny access to, such as personnel and employment records.

 

13. Illinois

Here are the records inspection statutes that apply to associations in Illinois.

Illinois Condominium Property Act Section 765 ILCS 605/19

• This section specifies that any member has a right to inspect, examine, and make copies of an association’s records at any reasonable time at the association’s principal office. A member must submit a written request that includes which records they wish to inspect or copy.
• The HOA must comply with this request within 10 business days of receipt of the request. Failure to comply is considered a denial. A member may recover reasonable attorney’s fees and costs if they prevail in an enforcement action to compel the examination of records.
• An HOA may require the member to certify in writing that the records will not be used for any commercial purpose or any purpose that does not relate to the association. The board may impose a fine for false certifications.
• An HOA may charge a fee covering the actual cost of the request for examination.
• There are certain records an HOA may withhold from examination unless directed by a court order. These include employment records, pending litigation, and more.

Illinois Common Interest Community Association Act Section 765 ILCS 160/1-30

• This section specifies that any member may examine and copy association records at convenient hours of weekdays. These records include the governing documents, records of receipts and expenditures affecting the common areas, minutes of all meetings, and more.
• Members must provide a written statement of a proper purpose if they wish to inspect ballots and proxies for any election.
• If the HOA does not respond to the request within 30 days, it is deemed a denial by the board.
• If the board fails to provide the records properly, a member may seek appropriate relief.
• The HOA may charge a reasonable fee for the costs of producing the records.

 

14. Indiana

Here are the records inspection statutes that apply to associations in Indiana.

Indiana Condominium Act Section 32-25-8-8

• This section specifies that certain records must be made available for examination by owners at convenient hours on weekdays. These records include receipts and expenditures affecting the common areas and facilities.

Indiana Homeowners Associations Act Section 32-25.5-3-3

• This section specifies that certain records must be made available for examination by members upon written request. These include financial records, minutes of all meetings, and more.
• An HOA may charge a reasonable fee for copying the records if the member requests written copies. An HOA may also charge a search fee for any time that exceeds one (1) hour. The hourly fee must not exceed $35 per hour and may not exceed a total of $200.
• The HOA may withhold certain records from examination, including unexecuted contracts, account information, and more.

 

15. Iowa

Here are the records inspection statutes that apply to associations in Iowa.

Revised Iowa Nonprofit Corporation Act Section 504.1602

• This section specifies that a member may inspect and copy any of the corporation’s records described in section 504.1601 at a reasonable time and place. The member must provide written notice or a written demand at least 5 business days prior.
• This section also specifies that a member may inspect and copy other records, including accounting records and membership lists, at a reasonable time and place. The member must provide written notice at least 10 business days prior. The member must make the request in good faith and for a proper purpose.

 

16. Kansas

Here are the records inspection statutes that apply to associations in Kansas.

Kansas Uniform Common Interest Owners’ Bill of Rights Section 58-4616

• This section specifies that an HOA must make association records, as listed in the same section, available for examination and copying by members during reasonable business hours or at a mutually agreed time and place. A member must provide written notice at least 10 days prior, including the specific records requested.
• An HOA may withhold certain records from examination and copying. These include personnel records, contracts in negotiation, and more.
• An HOA may charge a reasonable fee for producing these records.

 

17. Kentucky

Here are the records inspection statutes that apply to associations in Kentucky.

Kentucky Condominium Act Section 381.9197

• This section specifies that an association must make all financial and other records reasonably available for examination by any unit owner.

Kentucky Revised Nonprofit Corporation Act Section 273.233

• This section specifies that any member may inspect and copy all books and records of a corporation for any proper purpose at any reasonable time. The corporation’s bylaws or articles of incorporation may limit or abolish the member’s right of inspection.

 

18. Louisiana

Here are the records inspection statutes that apply to associations in Louisiana.

Louisiana Condominium Act Section 1123.108

• This section specifies that an HOA must make all financial and other records reasonably available for examination by any unit owner.

Louisiana Nonprofit Corporation Law Section 223

• This section specifies that any member may examine the corporation’s records at any reasonable time. These records include the records of membership and board meetings, membership records, financial records, and more.

 

19. Maine

Here are the records inspection statutes that apply to associations in Maine.

Maine Condominium Act Section 1603-118

• This section specifies that an association must make association records available for examination and copying by any owner during reasonable business hours or at a mutually agreed time and place. The member must provide 10 days’ notice identifying the records they wish to examine.
• There are certain records that an HOA may withhold from inspection, such as personnel records, existing litigation, and more.
• An HOA may charge a reasonable fee for the production of these records.

Maine Nonprofit Corporation Act Section 715

• This section specifies that any voting member may inspect the books and records of a corporation at any reasonable time with written notice of at least 5 business days and with proper purpose.
• A corporation may charge a reasonable fee to cover the cost of the copies.
• If a corporation imposes unreasonable restrictions or refuses to allow inspection, the corporation may be found liable for damages.

 

20. Maryland

Here are the records inspection statutes that apply to associations in Maryland.

Maryland Homeowners Association Act Section 11B–112

• This section specifies that any member may examine and copy all books and records of the association during normal business hours and after providing reasonable notice.
• For financial statements and meeting minutes, the HOA must comply with the request within 21 days after receipt if the statements or minutes were prepared within the past 3 years and 45 days after receipt if the statements or minutes were prepared more than 3 years prior.
• There are certain records an HOA may withhold from examination, such as personnel records, transactions currently in negotiation, and more.
• An HOA may only impose reasonable charges to review, copy, or deliver the records.

Maryland Condominium Act Section 11-116

• This section specifies that an association shall make all books and records available for examination or copying during normal business hours and after reasonable notice.
• For financial statements and meeting minutes, the association must comply with the request within 21 days after receipt if the statements or minutes were prepared within the past 3 years and 45 days after receipt if the statements or minutes were prepared more than 3 years prior.
• There are certain records an association may withhold from examination, such as personnel records, transactions currently in negotiation, and more.
• An association may only impose reasonable charges to review, copy, or deliver the records.

 

21. Massachusetts

Here are the records inspection statutes that apply to associations in Massachusetts.

Massachusetts Condominium Statute Section 10

• This section specifies that an association must make certain records available for examination by unit owners. These include minutes of meetings, financial records, and more.

 

22. Michigan

Here are the records inspection statutes that apply to associations in Michigan.

Michigan Condominium Act Section 559.157

• This section specifies that books, records, financial statements, and contracts must be made available for examination by unit owners at convenient times.

Michigan Nonprofit Corporation Act Section 450.2485

• This section specifies that a corporation must keep its books, records, and minutes in written form or in a form that is convertible to written form within a reasonable timeframe. If a person entitled to inspect these records places a request, the corporation must convert them into written form without charge.

 

23. Minnesota

Here are the records inspection statutes that apply to associations in Minnesota.

Minnesota Condominium Act Section 515.20

• This section specifies that the association must make records of receipts and expenditures affecting the common areas available for examination by owners at convenient hours on weekdays.

Uniform Condominium Act Section 515A.3-116

• This section specifies that the association must make all financial records reasonably available for examination by any unit owner.

Minnesota Common Interest Ownership Act Section 515B.3-118

• This section specifies that the HOA must make all records reasonably available for examination by any unit owner, except for records relating to confidential information. The HOA must provide these copies in paper or electronic form as per the owner’s request.
• An HOA may charge a fee for the actual costs of producing these records. If an owner requests 100 or fewer pages of black and white copies, the HOA may charge no more than 25 cents per page instead of the actual costs.

 

24. Mississippi

Here are the records inspection statutes that apply to associations in Mississippi.

Mississippi Nonprofit Corporation Act Section 79-11-285

• This section specifies that a member is entitled to inspect and copy any of the corporation’s records described in this section and under Section 79-11-283 at a reasonable time and place. The member must provide written notice at least 5 business days prior.
• The corporation may charge a reasonable fee for labor and material costs but may not exceed the estimated cost of production of the records.

 

25. Missouri

Here are the records inspection statutes that apply to associations in Missouri.

Missouri Condominium Property Act Section 448.200

• This section specifies that the association must make records of receipts and expenditures affecting the common areas available for examination by owners at convenient hours on weekdays.

Uniform Condominium Act Section 448.3-118

• This section specifies that an association must make all financial and other records reasonably available for unit owner examination.

Missouri Nonprofit Corporation Act Section 355.826

• This section specifies that a member is entitled to inspect and copy any of the corporation’s records at a reasonable time and place. The member must provide written notice at least 5 business days prior.

 

26. Montana

Here are the records inspection statutes that apply to associations in Montana.

Montana Unit Ownership Act Section 70-23-606

• This section specifies that the association must make records of receipts and expenditures affecting the common areas available for examination by owners at convenient hours on weekdays.

Montana Nonprofit Corporation Act Section 35-2-907

• This section specifies that a member is entitled to inspect and copy any of the corporation’s records at a reasonable time and place. The member must provide written notice at least 5 business days prior.

 

27. Nebraska

Here are the records inspection statutes that apply to associations in Nebraska.

Condominium Property Act Section 76-816

• This section specifies that the association must make books and vouchers available for owner examination at convenient hours on working days.

Nebraska Condominium Act Section 76-876

• This section specifies that the association must make all financial and other records reasonably available for examination by any unit owner.

Nebraska Nonprofit Corporation Act Section 21-19,166

• This section specifies that a member is entitled to inspect and copy any of the corporation’s records at a reasonable time and place. The member must provide written notice at least 5 business days prior.

 

28. Nevada

Here are the records inspection statutes that apply to associations in Nevada.

Nevada Condominium Hotel Act Section 116B.670

• This section specifies that the association’s board must make available the books, records, and other association documents for review during regular working hours upon the written request of an owner.
• The board has 21 days to comply with such a request or face a penalty of $25 for each day it fails to produce the records.
• The association may charge a fee to cover the actual costs of preparing a physical copy of the records, but the fee must not exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter. An association may not charge a fee for electronic records.
• The association may withhold certain records from examination, such as personnel records and the like.
• An association must make all financial and other records available for review at the association’s business office or some other reasonable place within the county where the association is located. The association must make these records reasonably available for inspection, examination, and copying by any unit owner.

Nevada Uniform Common-Interest Ownership Act Section 116.3118

• This section specifies that the HOA’s board must make available the books, records, and other documents of the association for review during regular working hours upon the written request of an owner.
• The board has 21 days to comply with such a request or face a penalty of $25 for each day it fails to produce the records.
• The HOA may charge a fee to cover the actual costs of preparing a physical copy of the records, but the fee must not exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter. An HOA may not charge a fee for electronic records.
• The HOA may withhold certain records from examination, such as personnel records, minutes of executive sessions, and the like.
• An HOA must make all financial and other records available for review at the association’s business office or some other reasonable place within the county where the association is located. The association must make these records reasonably available for inspection, examination, and copying by any unit owner.

 

29. New Hampshire

Here are the records inspection statutes that apply to associations in New Hampshire.

New Hampshire Unit Ownership of Real Property Act Section 479-A:19

• This section specifies that the association must make records of receipts and expenditures affecting the common areas available for examination by owners at convenient hours on weekdays.

New Hampshire Condominium Act Section 356-B:37-e

• This section specifies the obligation of associations to provide financial information, membership lists, and minutes of all meetings to the owners. The board must make financial information available to owners 30 days before the annual meeting. A unit owner must have access to all financial information within 15 days of the owner’s request regarding any contracts, loans, mortgages, debts, and balances of the association.
• The association may charge a fee for providing requested information beyond the past 3 fiscal years.
• Meeting minutes must be made available to unit owners within 60 days of the meeting or 15 days of the approval of the minutes, whichever comes first. If an owner submits a written request to access the association’s website, the association must comply within 15 days of the request and charge no additional fee.

 

30. New Jersey

Here are the records inspection statutes that apply to associations in New Jersey.

New Jersey Condominium Act Section 46:8B-14

• This section specifies that unit owners may inspect an association’s accounting records at reasonable times. These records include all receipts and expenditures and an account for each unit that details shares of common expenses and other charges due.

New Jersey Horizontal Property Act Section 46:8A-16

• This section specifies that the association must make books and vouchers available for owner examination at convenient hours on working days.

 

31. New Mexico

Here are the records inspection statutes that apply to associations in New Mexico.

New Mexico Condominium Act Section 47-7C-18

• This section specifies that an association must make all financial and other records reasonably available for unit owner examination.

New Mexico Homeowner Association Act Section 47-16-5

• This section specifies that an HOA must make all financial and other records available for examination by a lot owner during regular business hours. These records include the governing documents, minutes of meetings, and more.
• The HOA has 10 business days to comply with an owner’s written request. If an HOA fails to comply, a lot owner is entitled to the greater of the actual damages or $50 per calendar day beginning on the 11th business day following the receipt of the request.
• An HOA may not charge a fee for making these records available for review. However, an HOA may charge 10 cents per page to make copies.

 

32. New York

Here are the records inspection statutes that apply to associations in New York.

New York Not-for-Profit Corporation Law Section 621

• This section specifies that any member of at least 6 months may examine the books and records of the corporation during usual business hours with a written request of at least 5 days prior.

 

33. North Carolina

Here are the records inspection statutes that apply to associations in North Carolina.

Unit Ownership Act Section 47A-20

• This section specifies that owners may examine the receipts and expenditures records and vouchers for common areas and facilities maintenance and repairs at convenient hours of weekdays.

North Carolina Condominium Act Section 47C-3-118

• This section specifies that an association must make all financial and other records available for examination by a lot owner during regular business hours. These records include the governing documents, minutes of meetings, and more.
• An association must make the annual income and expense statement and balance sheet available to all unit owners within 75 days following the end of the fiscal year at no charge.
• Upon written request, an association must provide a unit owner with a statement of unpaid assessments and other charges against a unit. The association must provide this within 10 business days after receiving the written request. The association may charge a reasonable fee for this but may not exceed a total of $200 per request or statement. An additional expedite fee not exceeding $100 may be charged if the request is made within 48 hours of closing.

North Carolina Planned Community Act Section 47F-3-118

• This section specifies that an HOA must make all financial and other records available for examination by a lot owner during regular business hours. These records include the governing documents, minutes of meetings, and more.
• An HOA must make available to all unit owners the annual income and expense statement and balance sheet within 75 days following the end of the fiscal year at no charge.
• Upon written request, an HOA must provide a unit owner with a statement of unpaid assessments and other charges against a unit. The HOA must provide this within 10 business days after receiving the written request. The HOA may charge a reasonable fee for this but may not exceed a total of $200 per request or statement. An additional expedite fee not exceeding $100 may be charged if the request is made within 48 hours of closing.

 

34. North Dakota

Here are the records inspection statutes that apply to associations in North Dakota.

North Dakota Nonprofit Corporations Act Section 10-33-80

• This section specifies that a member may examine the corporation’s records for any proper purpose at any reasonable time. These records include accounting records, minutes of meetings, financial statements, and more.
• A member who receives these records must not use them for any purpose other than the proper purpose.
• An HOA may charge a reasonable fee to cover the cost of providing copies of records.
• If a member is wrongfully denied access to records, they may take legal action to recover damages.

 

35. Ohio

Here are the records inspection statutes that apply to associations in Ohio.

Ohio Condominium Property Act Section 5311.091

• This section specifies that the association’s board must make available the books, records, and other documents of the association for examination by unit owners.
• An association may charge a reasonable fee for copying the documents.
• There are certain records that the association may withhold from examination unless permitted by the board. These include records that date back more than 5 years prior to the request, personnel records, and more.

Ohio Planned Community Law Section 5312.07

• This section specifies that the HOA board must make available the books, records, and other association documents for examination by owners.
• An HOA may charge a reasonable fee for copying the documents.
• There are certain records that the HOA may withhold from examination unless permitted by the board. These include records that date back more than 5 years before the request, personnel records, and more.

 

36. Oklahoma

Here are the records inspection statutes that apply to associations in Oklahoma.

Oklahoma’s Unit Ownership Estate Act Section 521

• This section specifies that owners may examine the receipts and expenditures records and vouchers for maintenance and repairs of common areas and facilities at convenient hours of weekdays.

Oklahoma General Corporation Act Section 1065

• This section specifies that any shareholder may inspect and copy the corporation’s records upon written demand and during the usual business hours for any proper purpose. These records include the corporations, stock ledgers, books, and more.
• A corporation must respond to the demand within 5 business days. If the corporation does not comply, the shareholder may apply to the district court for an order to compel an inspection.

 

37. Oregon

Here are the records inspection statutes that apply to associations in Oregon.

Oregon Condominium Act Section 100.480

• This section specifies that the association board must make available the books, records, and other documents of the association for examination by owners for a proper purpose and upon written request.
• There are certain records an association may withhold from examination, such as personnel matters, contracts under negotiation, and more.
• An association has 10 business days after receiving the request to provide the owner with the requested documents.
• The board may adopt reasonable rules concerning the time, manner, place, notice, and frequency of examination and copying of records.
• An association may charge a reasonable fee for copies of the records and personnel costs.

Oregon Planned Community Act Section 94.670

• This section specifies that the HOA board must make available the books, records, and other documents of the association for examination by owners for a proper purpose and upon written request.
• There are certain records an HOA may withhold from examination, such as personnel matters, contracts under negotiation, and more.
• An HOA has 10 business days following the receipt of the request to provide the owner with the requested documents.
• The HOA board may adopt reasonable rules concerning the time, manner, place, notice, and frequency of examination and copying of records.
• An HOA may charge a reasonable fee for copies of the records and personnel costs.

 

38. Pennsylvania

Here are the records inspection statutes that apply to associations in Pennsylvania.

Uniform Condominium Act Section 3316

• This section specifies that an association must make all financial and other records available for examination by owners.

Pennsylvania Uniform Planned Community Act Section 5316

• This section specifies that an HOA must make all financial and other records available for examination by owners. These include financial statements.
• An HOA has 30 days following a request to furnish an owner with the association’s financial statements. If the HOA fails to comply, the unit owner may file a complaint with the Bureau of Consumer Protection in the Office of the Attorney General.
• An HOA may charge a fee for the cost of producing copies of records other than the financial statements.

Pennsylvania Real Estate Cooperative Act Section 4317

• This section specifies that an association must make all financial and other records available for examination by owners.

 

39. Rhode Island

Here are the records inspection statutes that apply to associations in Rhode Island.

Rhode Island Condominium Act Section 34-36.1-3.18

• This section specifies that an association must make all financial and other records available for examination by owners.

Rhode Island Nonprofit Corporation Act Section 7-6-30

• This section specifies that any member may inspect all books and records of a corporation for any proper purpose at any reasonable time.

 

40. South Carolina

Here are the records inspection statutes that apply to associations in South Carolina.

South Carolina Homeowners Association Act Section 27-30-150

• This section specifies that all homeowners may inspect and copy an HOA’s annual budget and membership lists.

Horizontal Property Act Section 27-31-180

• This section specifies that owners may examine the receipts and expenditures records and vouchers for common areas and facilities maintenance and repairs at convenient hours on weekdays.

South Carolina Nonprofit Corporation Act Section 33-31-1602

• This section also specifies that a member may inspect and copy any of the corporation’s records at a reasonable time and place. A member must provide written notice or a written demand at least 5 business days prior.
• The corporation may charge a reasonable fee to cover the labor and material costs for copies but may not exceed the estimated cost of production or reproduction.

 

41. South Dakota

Here are the records inspection statutes that apply to associations in South Dakota.

South Dakota Nonprofit Corporation Act Section 47-24-2

• This section specifies that any member may inspect the corporation’s books and records for any proper purpose at any reasonable time.

 

42. Tennessee

Here are the records inspection statutes that apply to associations in Tennessee.

Horizontal Property Act Section 66-27-113

• This section specifies that owners may examine the receipts and expenditures records and vouchers for maintenance and repairs of common elements at convenient hours of working days.

Tennessee Condominium Act of 2008 Section 66-27-417

• This section specifies that an association shall make all financial and other records reasonably available for examination by any unit owner.

Tennessee Nonprofit Corporations Act Section 48-66-102

• This section specifies that a corporation must make any records available for examination by a lot owner during regular business hours and upon written demand at least 5 business days prior. The demand must be made in good faith and for a proper purpose.

 

43. Texas

Here are the records inspection statutes that apply to associations in Texas.

Texas Condominium Act Section 81.209

• This section specifies that apartment owners may examine the accounts and supporting vouchers of a condominium regime at convenient hours of working days.

Uniform Condominium Act Section 82.1141

• This section specifies that an association shall make all financial and other records reasonably available for examination by any unit owner at a mutually agreed time during normal business hours and upon written request.
• An association has 10 business days after receipt of the request to produce the requested books and records.
• An association may charge a reasonable fee for producing the records. However, this fee must be covered by the association’s policy.
• There are certain records that an association may withhold from examination, such as personnel files.
• A member denied access to records may file a petition to the justice of the peace of a justice precinct. If the justice of the peace finds that the member is entitled to access to or copies of the records, the justice of the peace may grant a remedy.

Texas Property Code Section 209.005

• This section specifies that an HOA must provide owners with access to the association’s books and records. An owner can request to inspect these records in person or request copies of specified documents.
• An HOA may charge a fee for copies, provided the association has a production and copying policy in place.
• A member may place a request to inspect records in writing and send that request through certified mail.
• An HOA has 10 business days to respond to the request but with an extension of 15 additional days given proper written notice.
• If an HOA denies a member access to the books and records, the member may seek relief in justice court.

 

44. Utah

Here are the records inspection statutes that apply to associations in Utah.

Utah Condominium Ownership Act Section 57-8-17

• This section specifies that an association must make records and books available for examination by unit owners. These records include the governing documents, budgets, financial statements, and more.
• An association may redact certain information from documents, such as social security numbers, bank account numbers, and more.
• If an association has an active website, it must make certain documents available on that website, free of charge.
• If an association does not have an active website, it must keep copies of documents available for inspection during regular business hours at the address registered with the Department of Commerce.
• An association may charge a reasonable fee to cover the cost of the copies. This fee may not exceed the actual cost or 10 cents per page and $15 per hour of the time spent making copies.
• An association that fails to comply with an owner’s request may be liable for paying damages. A unit owner may also file an action in court against the association.

Utah Community Association Act Section 57-8a-227

• This section specifies that an HOA must make records and books available for examination by owners. These records include the governing documents, budgets, financial statements, and more.
• An HOA may redact certain information from documents, such as social security numbers, bank account numbers, and more.
• If an HOA has an active website, it must make certain documents available on that website, free of charge.
• If an HOA does not have an active website, it must keep copies of documents available for inspection during regular business hours at the address registered with the Department of Commerce.
• An HOA may charge a reasonable fee to cover the cost of the copies. This fee may not exceed the actual cost or 10 cents per page and $15 per hour of the time spent making copies.
• An HOA that fails to comply with an owner’s request may be liable for paying damages. An owner may also file an action in court against the association.

 

45. Vermont

Here are the records inspection statutes that apply to associations in Vermont.

Vermont Condominium Ownership Act Section 1320

• This section specifies that owners may examine the receipts and expenditures records and vouchers for maintenance and repairs of common areas and facilities at convenient hours of weekdays.

Vermont Common Interest Ownership Act Section 3-118

• This section specifies that owners may examine or copy all the records retained by the HOA during reasonable business hours or at a mutually agreed time and place. An owner must provide 5 days’ notice detailing the specific records requested.
• An HOA may withhold certain records from examination, including personnel records, contracts under negotiation, and more.
• An HOA may charge a reasonable fee for the cost of providing copies or supervising inspections.

 

46. Virginia

Here are the records inspection statutes that apply to associations in Virgnia.

Virginia Property Owners’ Association Act Section 55.1-1815

• This section specifies that an association shall make all books and records reasonably available for examination by any owner in good standing for any proper purpose during reasonable business hours or at a mutually agreed time and place.
• To request to examine the books and records, an owner must provide 5 business days’ written notice for an HOA managed by a company or manager and 10 business days’ written notice for a self-managed HOA.
• There are certain records an HOA may withhold from examination, such as personnel records, contracts under negotiation, and more.
• An HOA may impose a reasonable charge for the costs of labor and materials.

Virginia Condominium Act Section 55.1-1945

• This section specifies that an association shall make all books and records reasonably available for examination by any owner in good standing for any proper purpose during reasonable business hours or at a mutually agreed time and place.
• To request to examine the books and records, an owner must provide 5 business days’ written notice for an association managed by a company or manager and 10 business days’ written notice for a self-managed association.
• There are certain records an association may withhold from examination, such as personnel records, contracts under negotiation, and more.
• An association may impose a reasonable charge for the costs of labor and materials.

Horizontal Property Act Section 55.1-2013

• This section specifies that owners may examine the receipts and expenditures records and vouchers for maintenance and repairs of common elements during business hours.

 

47. Washington

Here are the records inspection statutes that apply to associations in Washington.

Washington Condominium Act Section 64.34.372

• This section specifies that an association shall make all financial and other records reasonably available for examination by any unit owner.

Horizontal Property Regimes Act Section 64.32.170

• This section specifies that apartment owners may examine the receipts and expenditures records and vouchers for maintenance and repairs of common areas and facilities at any reasonable time.

Washington Uniform Common Interest Ownership Act Section 64.90.495

• This section specifies that owners may examine or copy all the records retained by the HOA during reasonable business hours or at a mutually agreed time and place.
• An HOA may withhold certain records from examination, including personnel records, contracts under negotiation, and more.
• An HOA may charge a reasonable fee for the cost of providing copies or supervising inspections.

Washington Homeowners Associations Act Section 64.38.045

• This section specifies that owners may examine or copy association records with reasonable advance notice during normal working hours at the offices of the HOA or its managing agent.
• An HOA may charge a reasonable fee for copies and any reasonable costs in providing access to the HOA’s records.

 

48. West Virginia

Here are the records inspection statutes that apply to associations in West Virginia.

West Virginia Uniform Common Interest Ownership Act Section 36B-3-118

• This section specifies that an association must make all financial and other records available for examination by any owner.

West Virginia Unit Property Act Section 36A-3-13

• This section specifies that unit owners may examine records of all receipts and expenditures during regular business hours.

 

49. Wisconsin

Here are the records inspection statutes that apply to associations in Wisconsin.

Wisconsin Condominium Ownership Act Section 703.20

• This section specifies that any unit owner may inspect and copy the association’s records at a reasonable time and place. The owner may choose the date for the inspection by providing 10 business days’ written notice to the association.
• The association may withhold certain records from examination, including personnel records, violation records, and more. An association may redact account numbers from records prior to making them available for examination.
• An association may charge a reasonable fee for the costs of labor and materials but may not exceed the estimated cost of production or $150, whichever is less.
• An association with 100 or more units must maintain a website where it keeps all records members are entitled to inspect.

Wisconsin Nonstock Corporations Section 181.1602

• This section specifies that a member may inspect and copy any of the corporation’s records at a reasonable time and place with written notice or demand at least 5 business days prior. Requests must be made in good faith and for a proper purpose.

 

50. Wyoming

Here are the records inspection statutes that apply to associations in Wyoming.

Wyoming Nonprofit Corporation Act Section 17-19-1602

• This section specifies that a member may inspect and copy any of the corporation’s records at a reasonable time and place with written notice or demand at least 5 business days prior. Requests must be made in good faith and for a proper purpose.

 

The Right to Review and Copy Governing Documents

When an HOA board doesn’t share information, it creates a lot of frustration and distrust in the community. Homeowners can take certain measures to push their board to provide them with the necessary information. There are also state laws that protect their right to inspect, examine, and copy records of associations.

Complying with a member’s request for records isn’t always easy. HOA boards can make things easier by hiring a management company. Start browsing our online directory for reliable HOA management companies in your area!

 

RELATED ARTICLES:

• Recording HOA Meeting Minutes? This HOA Meeting Minutes Template Will Help!
• Laws On HOA Violations Per State
• HOA Documents And Reports Every Homeowner Must Have Access To