Embedded Files
While state statues vary with regard to record retention and disclosure, statutory requirements are not recommendations or best practices: failure to disclose records can be costly!
With the exception of truly confidential information, there is nothing to gain by obfuscating information and/or barring members' access to association records. Members (owners) are the basis of your common interest community. Legal Lessons & Disclosure Requirements provides a succinct introduction to appropriate disclosure and expectations for directors to act in good faith. Follow-up with Practical Advice Responding to Owners' Records Requests.
Disclosing records appropriately and proactively evidences that your Board understands how to lead with reason and transparency. Always ask "WHY" before making decisions that impact your community.
Which State Statute Controls?
Which State Statute Controls?
Conflicts between various state statutes are often reconciled according to a hierarchy within CIC-specific statutes.
... The association shall be organized as a profit or nonprofit corporation. In case of any conflict between Title 23B RCW, the business corporation act, chapter 24.03A RCW, the nonprofit corporation act, or chapter 24.06 RCW, the nonprofit miscellaneous and mutual corporations act, and this chapter, this chapter shall control.
(3) The association must have a board and be organized as a for-profit or nonprofit corporation or limited liability company.
(4) In case of any conflict between Title 23B RCW or chapter 23.86, 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.
Record Disclosure: WA Nonprofit Corporation Act (RCW 24.03a)
Record Disclosure: WA Nonprofit Corporation Act (RCW 24.03a)
Record Disclosure: Florida HOAs
Record Disclosure: Florida HOAs
FL TITLE XL - CHAPTER 720 - Homeowner's Associations - 720.303(4)(5)- OFFICIAL RECORDS + INSPECTION & COPYING
FL TITLE XL - CHAPTER 718 - Condominium Associations - 718.111(12) - OFFICIAL RECORDS + INSPECTION & COPYING
(4) OFFICIAL RECORDS. — The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
(a) Copies of any plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace.
(b) A copy of the bylaws of the association and of each amendment to the bylaws.
(c) A copy of the articles of incorporation of the association and of each amendment thereto.
(d) A copy of the declaration of covenants and a copy of each amendment thereto.
(e) A copy of the current rules of the homeowners’ association.
(f) The minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years.
(g) A current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.
(h) All of the association’s insurance policies or a copy thereof, which policies must be retained for at least 7 years.
(i) A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. Bids received by the association for work to be performed must also be considered official records and must be kept for a period of 1 year.
(j) The financial and accounting records of the association, kept according to good accounting practices. All financial and accounting records must be maintained for a period of at least 7 years. The financial and accounting records must include:
1. Accurate, itemized, and detailed records of all receipts and expenditures.
2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.
3. All tax returns, financial statements, and financial reports of the association.
4. Any other records that identify, measure, record, or communicate financial information.
(k) A copy of the disclosure summary described in s. 720.401(1).
(l) Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by parcel owners, which must be maintained for at least 1 year after the date of the election, vote, or meeting.
(m) All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3.
(n) All other written records of the association not specifically included in this subsection which are related to the operation of the association.
(5) INSPECTION AND COPYING OF RECORDS. — The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request.
This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages.
An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.
(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.
(c) The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to inspect records to less than one 8-hour business day per month.
The association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds one-half hour and if the personnel costs do not exceed $20 per hour. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages.
The association may charge up to 25 cents per page for copies made on the association’s photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members. Notwithstanding this paragraph, the following records are not accessible to members or parcel owners:
1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including, but not limited to, a record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Information an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents.
4. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this subparagraph, the term “personnel records” does not include written employment agreements with an association or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee.
5. Medical records of parcel owners or community residents.
6. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address. Notwithstanding the restrictions in this subparagraph, an association may print and distribute to parcel owners a directory containing the name, parcel address, and all telephone numbers of each parcel owner. However, an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association. An owner may consent in writing to the disclosure of other contact information described in this subparagraph. The association is not liable for the disclosure of information that is protected under this subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.
7. Any electronic security measure that is used by the association to safeguard data, including passwords.
8. The software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
RCW 24.03A.215 - Inspection by Members
(1) A member of a nonprofit corporation may inspect and copy, during regular business hours at a reasonable location specified by the corporation, any of the records the corporation is required to maintain under RCW 24.03A.210(2), if the member delivers to the corporation an executed notice in the form of a record at least five business days before the date on which the member wishes to inspect and copy the records.
(2) Subject to the limitations set forth in subsections (3) and (4) of this section, a member of a nonprofit corporation may inspect and copy, during regular business hours at a reasonable location specified by the corporation, any of the following records of the corporation, if the member delivers to the corporation an executed notice in the form of a record at least five business days before the date on which the member wishes to inspect and copy the records:
(a) Excerpts from those minutes and records required to be maintained under RCW 24.03A.210(1);
(b) Accounting records of the corporation described in RCW 24.03A.210(3); and
(c) Subject to RCW 24.03A.240, the membership list described in RCW 24.03A.210(4).
(3) A nonprofit corporation may withhold from inspection under this section:
(a) Those portions of records that contain information protected by the attorney-client privilege or related work product;
(b) The address of any member who is known to the corporation to be a participant in the address confidentiality program described in chapter 40.24 RCW or any similar program established by law;
(c) Those portions of records, which, if disclosed, would be reasonably likely to result in harm to the corporation or a third party, such as disciplinary actions involving non-director members, identities of job applicants, discussions of strategic acquisitions, records that are required to be kept confidential under obligations to a third party, etc.; or
(d) Any information that a nonprofit corporation is required to keep confidential under any other law.
(4) A member may inspect and copy the records described in subsection (2) of this section only if the:
(a) Member's demand is made in good faith and for a proper purpose;
(b) Member describes with reasonable particularity the purpose and the records the member desires to inspect;
(c) Member agrees in the form of a record to reasonable restrictions required by the board on the use or distribution of the records; and
(d) Records are directly connected with this purpose.
(5) The right of inspection granted by this section may not be abolished or limited by a nonprofit corporation's articles or bylaws.
(6) This section does not affect the:
(a) Right of a member to inspect records as part of discovery in connection with litigation; or
(b) Power of any court of competent jurisdiction, independently of this chapter, to compel the production of corporate records for examination.
RCW 24.03A.220 - Scope of Member's Inspection Right
(1) A member's agent or attorney has the same inspection and copying rights as the member represented.
(2) The right to copy records under RCW 24.03A.215 includes, if reasonable, the right to receive copies. Copies may be provided through electronic transmission unless the member requests otherwise in the form of a record.
(3) The nonprofit corporation may comply with a member's demand to inspect and copy the list of members under RCW 24.03A.215(2)(c) by providing the member for a reasonable charge as described in subsection (4) of this section with a list of members that was compiled no earlier than the date of the member's demand.
(4) The nonprofit corporation shall provide a copy of its articles and bylaws at no cost to a member on request. The nonprofit corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any other documents provided to the member. The charge may not exceed the estimated cost of production, reproduction, or transmission of the records.
RCW 24.03A.225 - Financial Statements for Members
(1) Except as provided in the articles or bylaws of a nonprofit corporation engaged in religious activity, upon a demand in the form of a record from a member, a corporation shall furnish that member with its latest annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries, as appropriate, that include a balance sheet as of the end of the fiscal year and a statement of operations for the year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, then the annual financial statements must also be prepared on that basis.
(2) If the annual financial statements are reported upon by a certified public accountant, then the accountant's report shall accompany them. If not, then the statements must be accompanied by a statement of the president or the person responsible for the nonprofit corporation's accounting records:
(a) Stating the reasonable belief of the president or other person as to whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and
(b) Describing any respects in which the statements were not prepared on a basis of accounting consistent with the statements prepared for the preceding year.
RCW 24.03A.230 - Court-Ordered Inspection
(1) If a nonprofit corporation does not allow a member who complies with RCW 24.03A.215(1) to inspect and copy any records required by that subsection to be available for inspection, then the court may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the member.
(2) If a nonprofit corporation does not within a reasonable time allow a member to inspect and copy any other record to which the member is entitled under RCW 24.03A.215(2), then the member who complies with RCW 24.03A.215 (3) and (4) may apply to the court for an order to permit inspection and copying of the records demanded. The court may inspect the records in question in camera and determine the extent of required disclosure, if any, in light of RCW 24.03A.215. In making that determination, the court shall consider the probability and extent of potential harm to the corporation or any third party that may result from inspection, and the probability and extent of benefit to the corporation or the member.
(3) If the court orders inspection and copying of the records demanded, then it shall also order the nonprofit corporation to pay the member's costs, including reasonable attorneys' fees, incurred to obtain the order, unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the member to inspect the records demanded. If the court denies the majority of the request for inspection and copying, it may order the member to pay part or all of the nonprofit corporation's costs, including reasonable attorneys' fees.
(4) If the court orders inspection and copying of the records demanded, then it may impose reasonable restrictions on the use or distribution of the records by the demanding member.
RCW 24.03A.235 - Inspection by Directors
(1) A director of a nonprofit corporation may inspect and copy the books, records, and documents of the corporation at any reasonable time to the extent reasonably related to the performance of the director's duties as a director, including duties as a member of a committee, but not for any other purpose or in any manner that would violate any duty to the corporation or law other than this chapter.
(2) The court may order inspection and copying of the books, records, and documents at the corporation's expense, upon application of a director who has been refused the inspection rights set out in subsection (1) of this section, unless the corporation establishes that the director is not entitled to those inspection rights.
(3) If an order is issued, then the court may include provisions protecting the nonprofit corporation from undue burden or expense, and prohibiting the director from using information obtained upon exercise of the inspection rights in a manner that would violate a duty to the corporation, and may also order the corporation to reimburse the director for the director's costs, including reasonable attorneys' fees, incurred in connection with the application.
Record Disclosure: ALL Washington State Community Associations
Record Disclosure: ALL Washington State Community Associations
2023 Legislation HB1043 synchronized record retention and disclosure between all four Washington State CIC statutes.
View Unit Resale page for resale disclosure to potential purchasers.
RCW 64.90.445(2)(g) - Meetings (currently applies only to RCW 64.90 communities)
(g) If any materials are distributed to the board before the meeting, the board must make copies of those materials reasonably available to the unit owners, except that the board need not make available copies of unapproved minutes or materials that are to be considered in executive session.
An association must retain the following: [Reference RCW 64.38.045 | RCW 64.32.170 | RCW 64.34.372 | RCW 64.90.495]
(a) The current budget, detailed records of receipts and expenditures affecting the operation and administration of the association, and other appropriate accounting records within the last seven years;
(b) Minutes of all meetings of its owners and board other than executive sessions, a record of all actions taken by the owners or board without a meeting, and a record of all actions taken by a committee in place of the board on behalf of the association;
(c) The names of current owners, addresses used by the association to communicate with them, and the number of votes allocated to each [lot or unit];
An owner is entitled to receive a free annual electronic or paper copy of this list, except that the association must redact or otherwise remove:
the address of any owner or resident who is known to the association to be a participant in the address confidentiality program described in chapter 40.24 RCW or any similar program established by law; and
the unlisted telephone number or electronic address of any unit owner or resident,
(d) Its original or restated declaration, organizational documents, all amendments to the declaration and organizational documents, and all rules currently in effect;
(e) All financial statements and tax returns of the association for the past seven years;
(f) A list of the names and addresses of its current board members and officers;
(g) Its most recent annual report delivered to the secretary of state, if any;
(h) Copies of contracts to which it is or was a party within the last seven years;
[RCW 64.90.495(3)(h) ONLY] Financial and other records sufficiently detailed to enable the association to comply with RCW 64.90.640;
[RCW 64.34.372(1) ONLY] The association shall keep financial records sufficiently detailed to enable the association to comply with RCW 64.34.425.
(i) Materials relied upon by the board or any committee to approve or deny any requests for design or architectural approval for a period of seven years after the decision is made;
(j) Materials relied upon by the board or any committee concerning a decision to enforce the governing documents for a period of seven years after the decision is made;
(k) Copies of insurance policies under which the association is a named insured;
(l) Any current warranties provided to the association
(m) Copies of all notices provided to owners or the association in accordance with this chapter or the governing documents; and
(n) Ballots, proxies, absentee ballots, and other records related to voting by owners for one year after the election, action, or vote to which they relate.
A right to copy records under this section includes the right to receive copies by photocopying or other means, including through an electronic transmission if available upon request by the unit owner.
Subject to [requirements to redact and/or remove information], all records required to be retained by an association must be made available for examination and copying by all unit owners, holders of mortgages on the units, and their respective authorized agents as follows, unless agreed otherwise:
(a) During reasonable business hours or at a mutually convenient time and location; and
(b) At the offices of the association or its managing agent.
Records retained by an association must have the following information redacted or otherwise removed prior to disclosure:
(a) Personnel and medical records relating to specific individuals;
(b) Contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated;
(c) Existing or potential litigation or mediation, arbitration, or administrative proceedings;
(d) Existing or potential matters involving federal, state, or local administrative or other formal proceedings before a governmental tribunal for enforcement of the governing documents;
(e) Legal advice or communications that are otherwise protected by the attorney-client privilege or the attorney work product doctrine, including communications with the managing agent or other agent of the association;
(f) Information the disclosure of which would violate a court order or law;
(g) Records of an executive session of the board;
(h) Individual unit files other than those of the requesting unit owner;
(i) Unlisted telephone number or electronic address of any unit owner or resident,
(i) Unlisted telephone number of any unit owner or resident, electronic address of any unit owner that elects to keep such electronic address confidential, or electronic address of any resident; [RCW 64.90.495 ONLY]
(j) Security access information provided to the association for emergency purposes; or
(k) Agreements that for good cause prohibit disclosure to the members.
(l) Any information which would compromise the secrecy of a ballot cast under RCW 64.90.455(9). [RCW 64.90.495 ONLY]
Record Disclosure: Arizona HOAs
Record Disclosure: Arizona HOAs
ARS 33-1805 (HOAs) and ARS 33-1258 (Condominiums)
A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.
The association shall not charge a member or any person designated by the member in writing for making material available for review.
The association shall have ten business days to fulfill a request for examination.
On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.
An association may charge a fee for making copies of not more than fifteen cents per page.
B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following:
1. Privileged communication between an attorney for the association and the association.
2. Pending litigation.
3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1804.
4. Personal, health or financial records of an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.
5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.
C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.
Record Disclosure: California Community Associations
Record Disclosure: California Community Associations
Record Disclosure: North Carolina Community Associations
Record Disclosure: North Carolina Community Associations
North Carolina HOAs: 47F-3-118 - ASSOCIATION RECORDS
North Carolina Condominiums: 47C-3-118 - ASSOCIATION RECORDS
The association shall keep financial records sufficiently detailed to enable the association to comply with this Chapter.
All financial and other records, including records of meetings of the association and executive board, shall be made reasonably available for examination by any lot owner and the lot owner's authorized agents as required in the bylaws and Chapter 55A of the General Statutes.
If the bylaws do not specify particular records to be maintained, the association shall keep accurate records of all cash receipts and expenditures and all assets and liabilities. In addition to any specific information that is required by the bylaws to be assembled and reported to the lot owners at specified times, the association shall make an annual income and expense statement and balance sheet available to all lot owners at no charge and within 75 days after the close of the fiscal year to which the information relates.
Notwithstanding the bylaws, a more extensive compilation, review, or audit of the association's books and records for the current or immediately preceding fiscal year may be required by a vote of the majority of the executive board or by the affirmative vote of a majority of the lot owners present and voting in person or by proxy at any annual meeting or any special meeting duly called for that purpose.
(b)The association, upon written request, shall furnish to a lot owner or the lot owner's authorized agents a statement setting forth the amount of unpaid assessments and other charges against a lot. The statement shall be furnished within 10 business days after receipt of the request and is binding on the association, the executive board, and every lot owner. The association, its managers, or its agents may charge a reasonable fee for providing statements of unpaid assessments, not to exceed two hundred dollars ($200.00) per statement or request, and an additional expedite fee in an amount not exceeding one hundred dollars ($100.00) if the request for a statement is made within 48 hours of closing.
(c) In addition to the limitations of Article 8 of Chapter 55A of the General Statutes, no financial payments, including payments made in the form of goods and services, may be made to any officer or member of the association's executive board or to a business, business associate, or relative of an officer or member of the executive board, except as expressly provided for in the bylaws or in payments for services or expenses paid on behalf of the association which are approved in advance by the executive board. (1998‑199, s. 1; 2005‑422, s. 7; 2020‑90, s. 4(d).)
North Carolina Corporations Act: 55A - Chapter 16 - CORPORATE RECORDS AND REPORTS
Record Retention & Disclosure: Colorado
Record Retention & Disclosure: Colorado
2024-01-26 HOA Forum Association Records.pdf
What to Disclose
Disclose everything other than records that are potentially or specifically confidential. View our example Records Policy for a comprehensive list.
Alteration (ACC) Applications
Annual Report
Board Actions
Budgets
Building Infrastructure
Contracts
Electronic Messages
Estimates, Bids, and Reports (including engineering studies, envelope studies, etc.)
Financial Records (annual budgets (past & present), general ledger, monthly balance sheet, income and expense statements, annual audits, receipts)
Legal Expenses: Although the general descriptions such as drafting a memo, making [a] telephone call, performing research, observing a trail, reflect work performed, without further detail they do not reveal an attorney’s ‘mental impressions, theories, notes, strategies, research and the like.’ Disclosure of the general tasks performed in connection with the fee charged reveals nothing about litigation strategy. They simply explain the generic nature of the service performed and justify the charges for legal services rendered. Where, as here, the taxpayers are footing the bill for the legal services, they are entitled to know the general nature of the services provided for the fees charged... — Tucker Law re: Work Product Doctrine
Formal Notices Sent to Owners
Governing Documents (articles of incorporation, declaration, bylaws, rules and regulations, policies, procedures, resolutions)
Governmental Authority Records
Informal Notices Sent to Owners
Insurance Records
Legal Opinions that the Board votes to make available to all Members
Litigation Records (except for certain privileged information about pending or current litigation)
Maintenance Records
Meeting Materials
Meeting Minutes (of the Board, Committees and Members)
Non-confidential documents relied upon by the Board and all Committees to make decisions
Non-confidential documents distributed to the Board that relate to the topics of any Board meeting
Resale Certificates
Reserve Studies
Roster of Board Members
Roster of Owners
Taxes and Assessments
Voting Records (ballots, proxies, absentee ballots and other records related to voting)
Warranties
Costs related to Disclosure
Best practice = providing as many records as possible in a controlled access (login required) self-service electronic portal.
For records not available via self-service, costs are usually limited by statute. In Washington State, an association may charge a reasonable fee for producing and providing copies of most records. Also reference fees & costs related to California. If you live in Texas or would just like to read more, view Sec. 82.1141 - Access to Association Records from the Texas Uniform Condominium Act.
Hawaii RICO Written Request for CIC Records.pdf
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