HOA Private Property Owner Documents

Started by KirkT • 4 replies • 1358 views

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KirkT (Pennsylvania)
Posts: 1

Posted:

When a property owner submits requests to make improvements to their private lot, rent the clubhouse, etc., is the HOA required to make these documents available to the other property owners, or are the contents of their file(s) protected?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My initial blush would be available upon request from a fellow owner.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The actual answer will depend on your own governing documents and applicable State laws.

In my opinion, the architectural file of the individual lot would be protected but the records of the clubhouse (including rental requests) would not be.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Kirk,

Governing documents and state law may state otherwise, but my thought is that the record of any action taken by the association or by one of its committees should be open for review on request. That is, if a committee approved a request you should be able to view their record of their approval.

We can argue whether the homeowner's application should be open to view also and I come down on the side that says by making a request to the association the owner gave up his right to keep the application secret.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Below is what some CA HOA attorneys opine. As high rise condos, all our ARC approvals are for interior changes. Our ARC makes certain that our standers are followed.

Beyond that, why would someone want to know about new hard-surface flooring, remodeled kitchens, etc. It seems to me it's no one else's business. If I were curious, I'd just ask the owner. And why should I care who rents the common area lounges? The latter records, by the way, are not on the (huge!) list of materials that owners are permitted to review in CA.

INSPECTION OF PLANS
Even though architectural plans submitted to the Association are not “association records” (Civ. Code §1365.2(a)(1)) or “enhanced association records” (Civ. Code §1365.2(a)(2)), members may (with limitations) inspect plans on file with the architectural committee.

Interior Features Redacted. Per statute, associations may redact or withhold from inspection interior architectural plans and security features. (Civ. Code §1365.2(d)(1)(E)(vi).) This restriction effectively eliminates most condominium remodel plans since those are almost always interior remodels. As a result, the only architectural documents plans available for review are:
plans of exterior home remodels,

plans of condominium balcony, deck and patio improvements, and

minutes of architectural committee meetings.

Correspondence. Other documents associated with the architectural application process, such as emails, letters, application forms, etc., are not subject to inspection and copying.

Read more: Inspection of Plans http://www.davis-stirling.com/MainIndex/InspectionofArchitecturalPlans/tabid/2693/Default.aspx#ixzz2tdEoT0Gb
from Davis-Stirling.com by Adams Kessler PLC..

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