Budget / Checking & Savings Accounts

Does anyone know when a resident can learn about the amount of money spent on invoices or what is the spending budget, as well as learn the balance in any checking and savings accounts of an Association?

Our treasurer does not provide them at our meetings. So, I would like to learn when it is appropriate for me to ask.

Thanks.

I'm not sure if laws in California are different, but most associations send out a budget prior to the Annual Meeting of the Members.

Also, most clearly worded requests for HOA documentation *should* be responded to by the HOA within 10-14 working days.

Have you ever put a request in writing? If you've asked before, were you denied or just not responded to?

I, personally, provide our owners with whatever they want to see... We're not involved in anything that's super-secret-squirrel or anything, so our records truly are an open book.

Read your documents (Articles/Bylaws/CC&Rs) to see if there's anything about records requests in there.

If you have a Management Company send it there otherwise I would send it to the treasurer.
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Right to Inspect and Copy Records

Subject to limitations, members have the right to inspect and copy the association's books and records. This includes electronic records. However, not all records are subject to inspection.

Copying and Redacting Costs. Associations may charge for the cost of coyping the requested documents and redacting sensitive information.

Proper Purpose. A member's request to inspect records must be for a proper purpose reasonably related to his or her interests as a member of the association. Civil Code §1365.2(e), Corp. Code §8330, Corp. Code §8333. Any misuse of records by a member may subject the member to legal action for injunctive relief and damages.

Right to Designate Agent. Members may designate another person, agent or attorney to inspect records. The member shall make the designation in writing. Civil Code §1365.2(b)(2), Corp. Code §8311.

Inspection Location. Records must be made available at the association's onsite business office or, if there is none, at a mutually agreed upon location. If the parties cannot agree on a location or if the member submits a request for copies of specifically identified records, the association may copy the documents and mail them to the member. Civil Code §1365.2(c).

Enforcement of Right to Inspect. Members may bring an action in small claims court to enforce their right to inspect and copy the association's records. Making a request for ADR is not required before going into small claims court. Although small claims does not have the power to order the association to turn over records, if the court finds that the association unreasonably withheld records, the court may assess a penalty of up to $500 for the denial of each separate written request. Civil Code §1365.2(f). Owners who want a court order to turn over records must file an action in Superior Court for injunctive relief after making a request for ADR.

Frivolous Court Actions. If owners bring an action in small claims that the court finds is frivolous, unreasonable, or without foundation, the court can award costs to the association. Civil Code §1365.2(f).
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Copying Costs

Association May Charge a Fee. The association may charge the requesting member for the direct and actual cost of copying and redacting documents (including minutes Civil Code §1363.05(d)). However, associations may not charge a fee that exceeds the amount necessary to defray the costs for which it is levied. Civil Code §1366.1 Also, the association must inform the member of the cost before copying the requested documents. Civil Code §1365.2(b)(1)

Management Company Fees. If the copying is done by a management company, the company is allowed to charge fees that exceed the amount necessary to defray costs. In other words, they are allowed to make a profit. Brown v. Professional Community Management

Glen - are you quoting California or Ohio law?

California.