RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Who knows what about the FOIA when the subject is HOA's total files?
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Freedom of Information Act
Started by RobertR1 • 7 replies • 2859 views
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RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
I did a search on this usiong the search feature on this site. I did what I tell other people to do but forgot at the time.
There is one posting fromn Arizona that state the FOIA does not cover HOA documents since they are not in the public domain.
Is this right or not?
There is one posting fromn Arizona that state the FOIA does not cover HOA documents since they are not in the public domain.
Is this right or not?
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Robert IMO the controlling authority would be whatever state law says on the matter, especially those dealing with corporations. Our original By-Law stated:
Section 5.6. Books and Records of Association. The Association shall keep full and correct books of account and the same shall be open for inspection by an owner or any representative of an owner duly authorized in writing, at reasonable times and upon request by an owner. Upon five (5) days notice to the Board of Trustees and upon payment of a reasonable fee, any unit owner shall be furnished a statement of his account setting the amount of any unpaid assessments or other charges due and owing from such owner.
The State of Ohio changed the code which added the following to it:
The Association is not required to permit the examination and copying of any of the following from books, records, and minutes:
(A)Information that pertains to condominium property related personnel matters;
(B)Communications with legal counsel or attorney work product pertaining to pending litigation or other condominium property related matters;
(C)Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements;
(D)Information that relates to the enforcement of the Declaration,By-Laws, or rules of the Association against Unit Owners;
(E)Information, the disclosure of which is prohibited by state or federal law.
Section 5.6. Books and Records of Association. The Association shall keep full and correct books of account and the same shall be open for inspection by an owner or any representative of an owner duly authorized in writing, at reasonable times and upon request by an owner. Upon five (5) days notice to the Board of Trustees and upon payment of a reasonable fee, any unit owner shall be furnished a statement of his account setting the amount of any unpaid assessments or other charges due and owing from such owner.
The State of Ohio changed the code which added the following to it:
The Association is not required to permit the examination and copying of any of the following from books, records, and minutes:
(A)Information that pertains to condominium property related personnel matters;
(B)Communications with legal counsel or attorney work product pertaining to pending litigation or other condominium property related matters;
(C)Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements;
(D)Information that relates to the enforcement of the Declaration,By-Laws, or rules of the Association against Unit Owners;
(E)Information, the disclosure of which is prohibited by state or federal law.
Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Oops I left out I believe the FOIA only pertains to Federal Agency's not private corporations.
Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Very interesting Glen,
This is the first I have seen where a state law specifies what documents can not be viewed. One has to remember that that some statees don't apply non-profit corporations laws to HOA's.
It surely is a mess.
I do also believe FOIA does not apply to HOA's.
Most CC&R's simple state that members have the right to review Association records.
Thank you
This is the first I have seen where a state law specifies what documents can not be viewed. One has to remember that that some statees don't apply non-profit corporations laws to HOA's.
It surely is a mess.
I do also believe FOIA does not apply to HOA's.
Most CC&R's simple state that members have the right to review Association records.
Thank you
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Robert,
You are correct in that the non unifority of H.O.A. laws in the States makes it very difficult to cross reference. The Federal government has absolutely no interest in trying to change the responsibility from the States to the Feds. THANK GOSH!!!! Can you imagine what that would turn into? Some States where HOAs are plentiful, have a fairly good grip on control, where other states have absolutely no laws at all for HOAs.
Therefore, I can feel safe in stating that the Freedom of Information Act does not apply to HOA documents.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Robert most HOA's are corporations of one sort or another, must file with the Secretary of State and as such IMHO do fall under those regulations as well as any specific to HOA's. As a member of the HOA you become a shareholder of the corporation just as if you went to a stockbroker and bought a share of XYZ Corp. As a shareholder you are entitled to certain information on the standing of the corporation.
Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Glen,
Don't know about most but know that in SC Statute it says, IN THE EVENT of such incorporation, the percentage of stock ownership of each owner in the corporation shall be equal to the percentage of his right to share in the common elements as computed in accordance with the provisions of this chapter (Means of Apportionment.)
Our Master Deed under definitions of Council of Co-owners or Council declares we are a non-profit, non stock membership corporation organized under the Laws of the State of South Carolina which is the entity responsible for the preservation, management, maintenance, repair and administration of the property.
Our Attorney General's position is that the governing laws of association are are ruled by the documents and the state has no position. Criminal offenses come under criminal law.
So in SC I don't think the FIOA applies to HOA"S, but there is included in the documents a clause that says you can review Association records (non-specific).
Our board heads right to attorney if a request is made and the cash register starts ringing. The Board is afraid they will release something they shouldn't and get the lawyer who directs the band right into a suit and the race is on, the attorney don't want to make a mistake so he lets the judge rule, subject to appeal. It's not a pretty sight. The judge could rule that a special professional in the field will be assigned and then you really get into some money.
Don't know about most but know that in SC Statute it says, IN THE EVENT of such incorporation, the percentage of stock ownership of each owner in the corporation shall be equal to the percentage of his right to share in the common elements as computed in accordance with the provisions of this chapter (Means of Apportionment.)
Our Master Deed under definitions of Council of Co-owners or Council declares we are a non-profit, non stock membership corporation organized under the Laws of the State of South Carolina which is the entity responsible for the preservation, management, maintenance, repair and administration of the property.
Our Attorney General's position is that the governing laws of association are are ruled by the documents and the state has no position. Criminal offenses come under criminal law.
So in SC I don't think the FIOA applies to HOA"S, but there is included in the documents a clause that says you can review Association records (non-specific).
Our board heads right to attorney if a request is made and the cash register starts ringing. The Board is afraid they will release something they shouldn't and get the lawyer who directs the band right into a suit and the race is on, the attorney don't want to make a mistake so he lets the judge rule, subject to appeal. It's not a pretty sight. The judge could rule that a special professional in the field will be assigned and then you really get into some money.
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