An association records request allows homeowners to examine and copy certain documents. Many states protect this right, as it promotes transparency and accountability among board members. It is important to follow proper procedures and requirements when making such requests.
Do Homeowners Have a Right to an Association Records Request?
In most states, homeowners have a right to inspect the association’s records. This applies to both HOAs and condominiums. In Illinois, for instance, this right can be found under 765 ILCS 605/19 (Condominium Property Act) and 765 ILCS 160/1-30 (Common Interest Community Association Act).
Both statutes dictate that any member may examine and copy an association’s records. For condominiums, it’s at any reasonable time at the COA’s principal office. For HOAs, it’s during convenient weekday hours.
In addition to state laws, an association’s governing documents may also protect this right and include additional guidelines. That said, here’s a quick rundown of the statutes relevant to an association records request:
For Condominiums
- Condo boards have 10 business days to comply upon receipt of the written request. If the COA fails to comply with the request, it is deemed a denial. Unit owners may recover reasonable attorneys’ fees and costs if they prevail in an enforcement action to compel the COA to provide records access.
- The association can require the unit owner to certify in writing that they will not use the records for commercial purposes or any purpose unrelated to the COA. If the unit owner provides a false certification, the condo may charge a fine.
- Condo associations can charge a fee that covers the actual cost of retrieving and copying the records.
- An association may withhold certain records from inspection unless a court order directs otherwise. These include pending litigation, personnel files, delinquent accounts, and more.
For HOAs
- Homeowners must submit a written request. If they want to examine ballots or proxies for elections, they must include a statement detailing the purpose of the request.
- Associations have 30 days to respond to the request; otherwise, it is considered a denial.
- If the board does not comply with a reasonable request for records, homeowners may seek appropriate relief.
- An HOA can charge a reasonable fee to cover the cost of producing and copying the records.
The Importance of HOA Records Inspection
Board members are responsible for managing an HOA or condo community. They make decisions, oversee finances, hire vendors, and conduct meetings. All of these things leave a paper trail — resolutions, meeting minutes, financial statements, contracts, and the like.
Trust is imperative between a board and its constituents. Without it, homeowners will start questioning decisions and challenging the board’s authority. To strengthen that trust, homeowners should be given the opportunity to examine the association’s records.
How to Submit a Request for Records for HOA
Homeowners should check their association’s guidelines to find out what requirements and procedures are in place for making requests. That said, an HOA records request generally follows the steps below.
1. Draft a Formal Written Request
Owners must draft a written request for records that includes their name and unit number. This request should also specify the exact records they wish to examine and the purpose for which they wish to examine them. It is also best to cite any relevant statutes that support this request.
Sometimes, an association will have a standard form that owners can use to request association records. At other times, owners can submit a request via an online portal or mobile app.
2. Submit the Request
The next step is to submit the formal request to the board or management company. Associations may have different methods for the submission, but it is best to use certified mail or email to establish a trail.
3. Wait for a Response
After submitting the request, owners should patiently wait for a response to their association records request. Condo associations have 10 business days to comply with the request, while HOAs have 30 days to respond. If the owner receives no response, then it is deemed a denial.
Can an Association Charge for an HOA Documents Request?
Yes, both condos and HOAs can charge a reasonable fee covering the cost of producing and copying the records. This is according to Illinois law. That said, an association’s governing documents may contain stricter limitations.
Which Records can Homeowners Request to Examine?
For condominiums, unit owners can request the following records:
- Governing documents, including CC&Rs, bylaws, plats, rules, articles of incorporation, and any amendments,
- Minutes of all membership and board meetings within the past 7 years,
- Current insurance policies for the association,
- Copies of all contracts, leases, and agreements that the association is a party to,
- Financial books and records (including itemized receipts, expenditures, and accounts) for the past 10 years, and
- Any reserve study.
Additionally, unit owners can request condo association financial statements.
For HOAs, homeowners can request the following records:
- Governing documents, including CC&Rs, bylaws, plats, rules, articles of incorporation, and any amendments,
- Detailed records of receipts and expenditures in chronological order (itemized and specific),
- Copies of all contracts, leases, and other agreements that the association entered,
- Board meeting minutes for the past 7 years,
- Ballots and proxies for any election or vote (with a written statement of a proper purpose), and,
- Any reserve study.
Additionally, if a homeowner gives a written statement of a proper purpose, they can inspect other board records that Illinois nonprofit corporations are generally required to share with members. Members can also request homeowners association financial statements.
Failure to Comply With an Association Records Request
An association must comply with an owner’s reasonable request for records if it meets all the requirements. If an association fails to do so, owners can pursue legal action and compel the action. Under both 765 ILCS 605/19 and 765 ILCS 160/1-30, owners are entitled to recover reasonable attorneys’ fees and costs if they prevail in court.
Help With Compliance
Homeowners have a right to make an association records request. Board members must take such requests seriously, as noncompliance can lead to legal risks and financial damages. When in doubt, it is a good idea to seek help from a professional.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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