Requirement to Pay to Examing Records

Good question - The tricky part stems from the fact that they have spend a great deal of time in order to sort through the confidential items that they are not allowed to show you. I don't see that it technically violates the POA law, although I'll grant you that perhaps the law is a little vague when it says "shall be available for examination and copying by a member in good standing". It doesn't say "Examination OR Copying" and in the very strict sense of the wording, you can see that it really technically doesn't invite someone to just examine only.

Keep us posted. ....

VA POA
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B. Subject to the provisions of subsection C, all books and records kept by or on behalf of the association, including, but not limited to, the association’s membership list and addresses, which shall not be used for purposes of pecuniary gain or commercial solicitation, and aggregate salary information of employees of the association, shall be available for examination and copying by a member in good standing or his authorized agent so long as the request is for a proper purpose related to his membership in the association. This right of examination shall exist without reference to the duration of membership and may be exercised (i) only during reasonable business hours or at a mutually convenient time and location and (ii) upon five days’ written notice reasonably identifying the purpose for the request and the specific books and records of the association requested.
C. Books and records kept by or on behalf of an association may be withheld from inspection and copying to the extent that they concern:
1. Personnel matters relating to specific, identified persons or a person’s medical records;
2. Contracts, leases, and other commercial transactions to purchase or provide goods or services, currently in or under negotiation;
3. Pending or probable litigation. Probable litigation means those instances where there has been a specific threat of litigation from a party or the legal counsel of a party;
4. Matters involving state or local administrative or other formal proceedings
before a government tribunal for enforcement of the association documents or rules and regulations promulgated pursuant to § 55-513;
5. Communications with legal counsel which relates to subdivisions 1 through 4 or which is protected by the attorney -client privilege or the attorney work product doctrine;
6. Disclosure of information in violation of law;
7. Meeting minutes or other confidential records of an executive session of the
board of directors held in accordance with subsection C of § 55-510.1;
8. Documentation, correspondence or management or board reports compiled for or
on behalf of the association or the board by its agents or committees for consideration by the board in executive session; or
9. Individual unit owner or member files, other than those of the requesting lot owner, including any individual lot owner’s or member’s files kept by or on behalf of the association.
D. Prior to providing copies of any books and records to a member in good standing under this section, the association may impose and collect a charge, reflecting the reasonable costs of materials and labor, not to exceed the actual costs thereof.
E. Meetings of the association shall be held in accordance with the provisions of the bylaws at least once each year after the formation of the association. The bylaws shall specify an officer or his agent who shall, at least 14 days in advance of any annual or regularly scheduled meeting, and at least seven days in advance of any other meeting, send to each member notice of the time, place, and purposes of such meeting. Notice shall be sent by United States mail to all members at the address of their respective lots and to such other addresses as any of them may have designated to such officer or his agent; or notice may be hand delivered by the officer or his agent, provided the officer or his agent certifies in writing that notice was delivered to the member. Except as provided in subdivision C 7, draft minutes of the board of directors shall be open for inspection and copying (i) within 60 days from the conclusion of the meeting to which such minutes appertain or (ii) when such minutes are distributed to board members as part of an agenda package for the next meeting of the board of directors, whicheveroccurs first.

There is a cost to the HOA to gather the documents and supervise the viewing of the documents (so they are not removed or damaged). This cost should be paid by the person wishing to view the documents.

Time is money....If the Developer has to pay an employee to sit with you while you review the records, who should pay his employee's wages?

Of course there would be a fee associated with this. Go to your bank request a copy and see what they charge you. Go to your State VA and ask the Register of Deeds for a copy of something? Is there a charge associated with it? Of course!

If a HO requests documents then the HO has to pay for the time, postage, copies anything associated with their request. I don't think the HOA, the mc or devloper should have to pay extra for this request.

David, as others have posted, the employees of the MC are paid to do a job. Adding to their workload means that either other work does not get done, they pay existing employees to work overtime, or they hire temporary help. As someone else posted, time is money. The documents must be located, the examining member must be supervised, and the documents must be returned to their proper place. Who is to say the member will not tie up staff for hours? And remember that there are employee costs in addition to hourly wages.

Yes, the devil is in the details.

Most public documents are as I understand it covered by the Freedom of Information Act.
HOA's are publicly registered entities, and I believe anybody can look up anything that you file with the state or the Feds.

Mostly I have found that I can examine any record free, but have to pay copy charges, sometimes a lot sometimes very little.

We are busy building our website, and any owner in good standing will be able to access minutes of meetings, financial statements and other info on line. This info carries a privacy warning.
Individual owners should be able to view their own association account, notices to them, and fines levied, and hopefully eventually the history of their unit, such as architectural, landscape, plumbing issues.

AdrianC

What David say above has validity but what happens if a homeowner asks to view documentation ever day. Should the office staff put off their duties to satisfy this request?

A board recommendation has to be passed, and entered into the Rules and Regs. of the HOA, allowing homeowners to submit requests to view or copy that certain documentation that is requested. It needs to be stated by the homeowner what documents he would like to view, if not, the office personnel would be running to locate these items. With the requests in hand the office can accumulate the collection of these documents during the slow part of their daily routine. These items should be made available only during certain hours on the day you designate. The office has to run in a efficient manner and if people are just stopping at all hours, it disrupts the production flow.