Print
Over the many years I have been writing this column, the clear No. 1 ranked dispute between homeowners and their associations regards records and information access. These disputes are never productive, and generally are avoidable. Here are some tips for HOAs regarding producing requested records and some tips for requesting homeowners.
The law has improved dramatically in recent years in this regard. Civil Code 5200 provides a very clear list of what are “association records” which members may request. However, battles continue, and unfortunately HOAs sometimes control the flow of information from critics, and some homeowners use records demands as a weapon. When a board is under severe criticism it is a natural impulse to be defensive and close ranks, but the board cannot refuse a legitimate document request just because it expects the information to be used against it. The more a board stalls or resists providing reasonably requested documents, the higher the suspicion
HOA Homefront – Requests for HOA Information (Part 2) [The San Diego Union-Tribune]
Part 1: Questions about HOA disclosures.
Q: I attended my first HOA meeting and I noticed that the format is slightly different from city council meetings. Board members were provided a lengthy document prepared by management, containing specific details on water usage, maintenance requests, and detailed financials. I queried if the report was available, and was told no, they are only provided to board members. In city council meetings, documents that don’t violate confidentiality or executive session privilege must be made available for review in advance of the meeting. Does the Davis-Stirling Act require something similar?
Q: I attended my first HOA meeting and I noticed that the format is slightly different from city council meetings. Board members were provided a lengthy document prepared by management, containing specific details on water usage, maintenance requests, and detailed financials. I queried if the report was available, and was told no, they are only provided to board members. In city council meetings, documents that don’t violate confidentiality or executive session privilege must be made available for review in advance of the meeting. Does the Davis-Stirling Act require something similar? D. R., Ventura
A: Civil Code Section 5200 includes a long list of “association records” that HOAs must produce upon member request. A typical board meeting packet, prepared by the manager to inform the board prior to its meeting, may contain documents that are included in the list, but the board packet itself is not a document that is required to be shared with all members. HOAs, even the larg