Which HOA documents are public information?

Started by DavidG45 • 12 replies • 275 views

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DavidG45 (Delaware)
Posts: 994

Posted:

I'm curious which documents can be available on our public-facing web site without requiring a homeowner to log-in, and which ones should only be available to homeowners.

* Governing Documents?
* Community Site Plan?
* Financial summaries (balance sheets, I&E statements)
* Board Meeting Minutes?

Any others that should or should not be public?

TimB4 (Tennessee)
Posts: 21,059

Posted:

The only "public" documents are those filed with the State or County.
These would include PLATS and the covenants. If your Association is incorporated, it may include the articles of incorporation but will include annual reports, which typically are simply stating who the board members and Officers are.

However, what one provides as public on a website can be different.
There is no rule of thumb and Associations differ in what they provide.

Here is a recent thread from this site discussing this issue:

Subject: HOA website content

BillH10 (Texas)
Posts: 1,217

Posted:

David

Define "public"

Some of the documents you listed are public in that they are filed with a governmental agency. They may be accessed by anyone.

Other association documents may be "public" in that they are to be provided to owners, or made available for review by owners upon request, but would not necessarily be furnished to Cousin Carl who lives 3 blocks over not in the association but who wishes to see them because he is nosey.

MichaelT21 (Arkansas)
Posts: 462

Posted:

We have on our basic public website:

- CC&Rs
- Rules and Regulations
- Community Map (not the plat map but one that we created for our use)
- Link to the secure website
- A few pictures of our community (parks, streets, etc, not showing people or houses)

This content was intended to be static. I didn't want a website that requires ongoing maintenance.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The public documents are Articles of Incorporation and the CC&R. The Bylaws are not. They may be filed with the CCRs but not required. Those are HOA documents. Financial reports not public.

Think of it this way... You walk by a house and think I want to buy it. Well that does not make you an owner. Being a owner makes you a HOA member. Do you want non members access to your websites or thing their eyes can not view from a public resource like a courthouse?

Think about this before you hand out your family secrets. They could show up on the news or paint your community in a bad light. So much so no one will purchase except investors

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

* Governing Documents? YES
* Community Site Plan? YES/PROBABLY
* Financial summaries (balance sheets, I&E statements) NO
* Board Meeting Minutes? NO

* Link to social media site if you have one? MAYBE but probably not since the info would likely only be of interest to homeowners

On our website, the public section included the first two items plus links to area things such as hospitals, shops, and a FAQ/Condos 101 page for prospective buyers. With Google maps, the area links and maybe even the site plan aren't really necessary anymore, but I think the FAQ is helpful since condos attract many first time buyers.

As Michael said, the public info should be static. The only time it may change will be if your governing docs or your site plan are amended. Info that changes regularly should be made available only to homeowners.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By MichaelT21 on 10/19/2022 8:40 AM
We have on our basic public website:

- CC&Rs
- Rules and Regulations
- Community Map (not the plat map but one that we created for our use)
- Link to the secure website
- A few pictures of our community (parks, streets, etc, not showing people or houses)

This content was intended to be static. I didn't want a website that requires ongoing maintenance.

I have always had a calendar on the site, using Google's Calendar, which our Social Committee keeps updated. So the site doesn't require any updates.

I'm mainly curious about what is absolutely public information, what is absolutely not, and was is a gray area.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By BillH10 on 10/19/2022 8:36 AM
David

Define "public"

Some of the documents you listed are public in that they are filed with a governmental agency. They may be accessed by anyone.

Other association documents may be "public" in that they are to be provided to owners, or made available for review by owners upon request, but would not necessarily be furnished to Cousin Carl who lives 3 blocks over not in the association but who wishes to see them because he is nosey.

That does bring up a question - what if a resident, who has access to financial reports or board minutes, shares them with Cousin Carl? Is that any kind of ethical breach?

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By DavidG45 on 10/19/2022 10:14 AM

That does bring up a question - what if a resident, who has access to financial reports or board minutes, shares them with Cousin Carl? Is that any kind of ethical breach?

I do not think discussing ethics here has value. Fact: A HOA's books and open meeting board minutes are records any owners may lawfully access under the law. He or she may do what he or she wishes with copies of the records lawfully obtained, including publishing these records on, say, social media.

This is an argument for keeping Minutes very dry indeed (meaning the body of the Minutes shall consist of motions and votes on motions, period).

Put my vote down as follows:
I would vote to not make Board meeting minutes and financial records available to the world in the public section of a HOA web site. I would vote for making the governing documents available in the publicly accessible section.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Our website contains:

Open Meeting Minutes
By-Laws
CC&Rs
Instructions for renting our clubhouse (if you're an HOA member)
Link to the management company's online portal for account management.
Announcements for Upcoming Meetings.

There's no general public interest in unilaterally publishing the private finances of the private HOA operation but such finances, inherently, aren't confidential and we don't withhold financial information when requested.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I agree.

Put my vote down as follows:
I would vote to not make Board meeting minutes and financial records available to the world in the public section of a HOA web site. I would vote for making the governing documents available in the publicly accessible section.

I would add a few "pretty pictures" to make the place appealing.

MichaelT21 (Arkansas)
Posts: 462

Posted:

A lot of communities have meeting minutes publically available, so it's not a cardinal sin to make yours available as well if you want. I have read lots of communities meeting minutes. I don't think they need to be publically available.

Along the same lines, there are a lot of communities that make audio or audio/video recordings of their Board meetings available as well. So lots of HOAs put a lot of information out there.

We don't do any of that but some do.

KerryL1 (California)
Posts: 14,550

Posted:

Basically we're (condo tower) with many others and would include Bylaws even in states where they aren't required to be recorded.

We also have a Welcome Package for new residents, a move-in-out package & forms and many other forms, e.g., appliances. for decal for Bicycle Storage Room, app. for motorcycle parking space. Many froms and, say, the Welcome Pack are needed by renters

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