| The board is required to keep detailed financial records and
other books and records detailing the operation of the property.
In addition, the board must make certain records available to the
unit owners.
All unit owners have the right to inspect, examine, and make
copies of the following records in person or through an agent,
at any reasonable time, at the association's principal office:
(1) the association's declaration, bylaws and plats of survey,
and all amendments of these;
(2) the rules and regulations of the association:
(3) the articles of incorporation of the association and
all amendments;
(4) minutes of all meetings of the members and the board
for the past 7 years; and
(5) all current policies of insurance.
Requests to examine the records in paragraphs 1 through 5
above must be in writing and must state with particularity
the records sought to be examined. The board must provide the
requested materials within 30 days of receipt of the written
request or it will be deemed a denial. A unit owner then may
bring a lawsuit to compel examination of records and will be
entitled to recover attorney's fees from the association.
All unit owners have the right to inspect, examine, and make
copies of the following records in person or through an agent,
at any reasonable time, at the association's principal office,
but only for a proper purpose:
(6) all contracts, leases, and other agreements under which
the association or the unit owners have obligations or liabilities;
(7) a current listing of the names, addresses, and weighted
vote of all members entitled to vote;
(8) ballots and proxies related to ballot for all matters
voted on by the members of the association during the immediately
preceding 12 months, including but not limited to the election
of members of the board of managers (if the association has
rules authorizing election by secret ballots, then the board
does not have to provide documents that would identify the
person voting the ballot); and
(9) the books and records of account for the association's
current and 10 immediately preceding fiscal years, including
but not limited to itemized and detailed records of all receipts
and expenditures.
Requests to examine the records in paragraphs 6 through 9
above must be in writing and must state with particularity
the records sought to be examined. In addition, the request
must state a proper purpose for the request. There are a number
of court decisions related to shareholder rights which provide
guidelines for what is a proper purpose. If the materials are
not provided within 30 days of receipt of the request, it will
be deemed a denial. The unit owner then may bring a lawsuit
to compel examination of records, but the burden of proof will
be upon the requesting party to demonstrate a proper purpose.
If the court finds the association's denial of records in paragraphs
6 through 9 above was in bad faith, the court may award attorneys'
fees in favor of the unit owner.
Despite the requirements set forth above, the following documents
do not need to be disclosed except by court order:
1) documents relating to appointment, employment, discipline,
or dismissal of association employees;
(2) documents relating to actions pending against or on
behalf of the association or its board of managers in a court
or administrative tribunal;
(3) documents relating to actions threatened against, or
likely to be asserted on behalf of, the association or its
board of managers in a court or administrative
tribunal;
(4) documents relating to common expenses or other charges
owed by a member other than the requesting member; and
(5) documents provided to an association in connection with
the lease, sale or other transfer of a unit by a member other
than the requesting member.
The association may charge its actual costs for retrieving
and making requested records available for inspection and examination
and if copies of records are requested, the board may charge
back the actual costs to the association of reproducing the
records. |