CAN HOMEOWNERS VIEW HOA DOCUMENTS AND REPORTS?
Broadly speaking, members of an HOA possess the right to copy and inspect the official records of the association. This right can usually be found under state law or in the governing documents of the HOA (or both). State laws can vary on the subject matter, though. Some states have very comprehensive laws regarding records inspection, while others do not.
An association’s governing documents can also detail the right of members to examine and copy the HOA’s records. Homeowners will usually find this outlined in the association’s CC&Rs or declaration. More often than not, the declaration also lists down what HOA documents and reports are available for viewing and copying. Many associations must also abide by certain time frame requirements to produce the records upon receiving the request from an owner.
WHICH HOA DOCUMENTS AND REPORTS SHOULD BE AVAILABLE?
The exact documents and reports that fall under the official records of the HOA can also vary from one state to another. Some states expressly list the records that must be made available for member inspection, while others adopt a broader approach.
In general, though, the HOA documents and reports that owners must have access to include the following:
HOA accounting records,
The association’s governing documents, including the Articles of Incorporation, the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), the Bylaws, Community Plats/Maps, and any amendments;
All documents provided by the developer, including land surveys and permits;
Rules and regulations;
Minutes of all board and membership meetings;
Notices of all board and membership meetings;
The association’s insurance policies;
Vendor contracts and other third-party agreements;
Copies of liens, judgments, and encumbrances related to the association;
All documents related to the election of board members (directors and officers), voting, and approvals (proxies, ballots, etc.);
All accounting records, including but not limited to the records of expenditures and receipts, account ledgers for each member, financial reports, financial reviews and/or audits, and invoices; and,
Membership list that includes the members’ mailing addresses and telephone numbers.