What financial documents is a homeowner entitled to view in a Declarant controlled HOA in Ga?

We are a Declarant controlled HOA. A homeowner has requested copies of all checks, a list of all delinquent homeowners, and a list of homeowners with covenant violation notices. This feels like an invasion of the privacy of the other homeowners. A budget and financial statement and actual vs projected is handed out at the two voluntarily scheduled HOA member meetings each year, but we do not specify the names of homeowners who are behind in their dues. Are we required to do so?

Not sure what laws apply in GA, but I can tell you in Texas we would NOT give a list of delinquent accounts and/or deed restriction/covenant violations - that would,IMO, violate privacy laws.

We won't give specifics, but will give a total of amount that sits in receivables without specifying what homes owe what.

We would give check registers - and even copies of bank statements in an effort to be transparent. But giving out specifics on who owes how much and if a specific homeowner is in violation is not given out.

While common practice is not to give out individual homeowner information. There is nothing I'm aware of in HOA law that says you flat out cant.

As a homeowner, you have a right to any and all records of the association.

Technically, if a homeowner requests a specific record of the association - including a delinquent account record - that information must be provided to the requesting homeowner. Although, this is rarely ever done.

Homeowners are members of a not-for-profit entity, and as such, have rights to all of the documents of that entity.

While many would like to pretend it is, nothing in an HOA is confidential.

GA specific law may be different, but I doubt it.

Understand we are NOT saying that records should NOT be viewed. It is basically to what detail they are. Individual checks? No. A financial report with the full list of checks that were written and to who. YES. The difference being that list does not contain account or personal information. The financial report would contain who it was written to, date, and the amount. The WHY is NOT on the check nor report. It's in the meeting notes.

Individuals who owe? No. That is between the HOA and that person. Would you like someone knowing how much you owe? It works BOTH ways. The HOA can release that out of 100 members 5 of them owes. They can just even give a rough estimate of what it collected in that month. The total collected is the only number I really worked with when deciding the budget anyways. A HOA is a non-profit. It is to spend as much out as it collects. Since the HOA is the only one that can take the proper legal option (lien/foreclosure) to collect. What is the use for an individual to have this information other than potential harassment/vigilantism? You or even your HOA can't go to someone's door step and demand payment. Plus a lien stays with the home until they sell it or pays it off. That could take a lot of time and the HOA has taken action to collect. A foreclosure is a last resort stop the bleeding step. That too can take a year before that process is even discussed. What time line is adequate for someone to randomly go complain about someone owing money? There isn't one. That's why I instituted a 6 month lien policy and 1 year foreclosure discussion. People can't complain the HOA is taking no action if it's proven there is an action plan.

I have no problem anyone viewing records of the HOA. While there please help organize them too! What I am saying, is that there are detail levels of record viewing. It's a "Witch-hunt" many times when one asks for such small details and shows their lack of understanding what a HOA is/works. If your going to sue your HOA anyways, the records will be part of "discovery" and will be turned over to you anyways for review. It's not like they can hide them from you. However, have a plan on what your truly looking for other than "I will know when I find it".

I do not agree, JH3, with your interpretation of the GA attorney's analysis. To me, it shows quite clearly that if the HOA's bylaws state that ALL records may be reviewed, then they probably can. If the bylaws do not specify ALL records, the GA Corporations code prevails.

The author also points out the liability possibilities that can arise for HOA if delinquencies, etc. are revealed, even if per the bylaws, but are in error, etc.

Admittedly, I read it pretty past, so may have missed something.

Here's the thing many may be overlooking. How does your MC or Treasurer keep their own records? You may be surprised. What I am saying is that they may not keep individual copies of checks. Now a days banks charge extra to send a copy of those if you want them. Then they are on micro-sized onto a sheet of paper you can barely read. I think the expectation of "RECORD FORMAT" is also important here to note. How many here on their own bank statements get actual copies of their checks if they don't order duplicates? They would still just be on a ledger and the physical checks may no longer exist. Banks may not even store them as can you imagine the stockpile?

Very interesting idea that one may want to ask their accountant, Treasurer, or MC. Once they see a check do they disregard it? Copy them all to one sheet? What do they do with some originals? What is their policy of record retention? When do they discard them and what do they consider keeping?

I went through 20 plus years of our records that were in a box. I discarded those things that would never be considered "record worthy". There are items one would always call "record worthy" that you keep. It just needs to make sure that has a good definition so you all know what is being kept and what may not be available. Not everything is kept due to many reasons. Not too many people were interested in our "Beautification awards" except for the lawncare guy that felt he earned them for us.