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Do Your HOA Board Members Know Which Documents Are Open for Review?

January 24, 2015 / by HOA Manager

reviewing_HOA_documentsAs an HOA board member, you should know what homeowners association documents your members are entitled to review. Association members are welcome to read official association documents. There’s nothing secret about the business of the association. In fact, you should already have copies of key documents like the bylaws or rules readily available.

Other common documents that are open for members to review include:

  • Board meeting minutes
  • Insurance policies
  • Financial statements and annual audits
  • Declaration and bylaws
  • Rules and regulations
  • Current contracts
  • Leases and agreements
  • Ballots and proxies
  • Send the HOA board/manager a request in writing specifying exactly what records you wish to review, the date of those records and the purpose of your request.
  • The board will respond to the request within 30 days. During that time the board or manager will locate the correct documents and get them ready for the member.
  • The records requested will be available for review during regular business hours at the manager’s office for 30 days after your request is processed.
  • The homeowners association will make copies of records for a reasonable fee.
*Click here for a detailed list of deadlines for producing records

To view these document the member just needs to:

Members may not request documents that infringe on the privacy of an individual like medical or personnel records. These are not public records, and the association will not make them available. Some requests might also be denied if they involve ongoing legal or contractual obligations that might expose the HOA board or manager to liability. 

Examples that are not subject to inspection:

  • Executive session minutes and information
  • Personnel records
  • Sensitive litigation files and records protected by the attorney-client privilege
  • Pending contracts
  • Legal invoices
  • Records likely to lead to identity theft
  • Records likely to lead to fraud
  • Records reasonably likely to compromise the privacy of an individual member
  • Disciplinary actions, collection activities, or payment plans of other owners
  • Personal information, including social security number, tax ID number, driver's license number, credit card account numbers, bank account number, and bank routing number
  • Interior architectural plans for individual homes
  • Private owner correspondence to the board (unless a letter is used as evidence in a disciplinary action against another owner, in which case the disciplined owner has a right to see it)
  • Board packets and manager reports
  • Management representation letters related to audits

Remember, the homeowners association is made up of the members, and they have a right to view documents relating to the business of the association with a few exceptions. It’s the responsibility of the HOA board and manager to make sure members have access to documents and that private information is protected.

 

Help Your HOA Members Be Informed and Involved

Topics: HOA Responsibilities, HOA Board, HOA Documents and Contracts