What documents are you allowed to see, copy or take home?

Civil Code § 1365.2   This code tells you what records the association must produce for inspection and copying. 

Right to Inspect & Copy. Association members have the right to inspect and copy the association’s books and records. Civ. §1363(f), Civ. §1365.2, Corp. §8330, Corp. §8333

Proper Purpose. The request to inspect records must be in writing and for a purpose reasonably related your interests as a member of the association. Civ. §1365.2(e), Corp. §8330, §8333 Association records, and any information from them, may not be sold, used for a commercial purpose, or used for any other purpose not reasonably related to a member’s interest as a member. Associations may bring actions against persons who violate this section for injunctive relief and damages. Civ. §1365.2(e)

Right to Designate Agent. Members may have another person, agent or attorney to inspect records and it must be in writing. Civ. §1365.2(b)(2), Corp. §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 written request for copies of specifically identified records, the association may copy the documents and mail them to the member. Civ. §1365.2(c)

Right to Copies. Members have the right to make copies of the association’s records. The association may bill the requesting member for the direct and actual cost of copying requested documents. The association shall inform the member of the amount of the copying costs before copying the requested documents. Civ. §1365.2(b)(1), Corp. §8311

Electronic Form. Requesting parties shall have the option of receiving specifically identified records by electronic transmission or machine-readable storage media as long as those records can be transmitted in a redacted format that does not allow the records to be altered. The cost of duplication shall be limited to the direct cost of producing the copy of a record in that electronic format. Civ. §1365.2(h)

Records Subject to Inspection. You may copy and inspect he following records (Civ. §1365.2(a)). This does not include minutes because they are available and associations only need to produce records for the current and 2 previous fiscal years. The older records may be disposed of.

• financial documents required by Civ. 1365 (budget, reserves, lien policies, insurance, financial statement, etc.)

• financial documents required by Civ. 1368 (governing documents, assessments, violation notices, construction defects, etc.)

• interim unaudited financial statements, including (i) balance sheet, (ii) income and expense statement, (iii) budget comparison, and (iv) general ledger

• salaries paid to employees, vendors, or contractors (except as provided by attorney-client privilege) which shall be set forth by job classification or title, not by the employee’s name, social security number, or other personal information

• executed contracts that are not privileged (privileged contracts shall not include contracts for maintenance, management, or legal services)

• board approved vendor or contractor proposals or invoices

• state and federal tax returns

• reserve account balances and of payments from reserve accounts

• board, committee and membership meeting agendas and minutes

• membership lists invoices, receipts, canceled checks, purchase orders approved by the association, credit card statements for credit cards issued in the name of the association, statements for services rendered, and reimbursement requests submitted to the association.

Records Not Subject to Inspection.  You may not inspect the following (see Civ. §1363.05(b) and Civ. §1365.2(d):

• board executive session agendas, minutes and information

• personnel records (other than payroll records)

• litigation files or records protected by the attorney-client privilege

• pending contracts

• legal invoices

• records likely to lead to identity theft

• records likely to lead to fraud

• records reasonably likely to compromise the privacy of an individual member (such as owner records, including goods or services provided to members for which the association received monetary consideration other than assessments)

• disciplinary actions, collection activities, or payment plans of other owners

• personal information, including social security number, tax id number, driver’s license number, credit card account numbers, bank account number, and bank routing number interior architectural plans for individual homes

The association may withhold or strike out records or information described above.  The association will explain in writing the legal basis for striking out or withholding the requested records if requested by the owner. Civ. §1365.2(d)

Deadlines for Producing Records. Associations must produce records within the following time frames (Civ. §1365.2(i)(j)):

• minutes of member and board meetings within 30 days of the meeting 1363.05(d)

• minutes of committees with decisionmaking authority for meetings commencing on or after January 1, 2007, within 15 calendar days following approval

• records for the current fiscal year, within 10 business days receipt of the request

• records for the previous 2 fiscal years, within 30 calendar days receipt of the request any record or statement available pursuant to Section 1365 (budget, reserves, lien policies, insurance, financial statement, etc.) or 1368 (governing documents, assessments, violations, construction defects, etc.), within the timeframe specified

• membership lists within 5 business days (Corp 8330)

Penalties. Members may sue to enforce the right to inspect and copy records. If a court finds that the association unreasonably withheld access to the records, the court shall may assess a civil penalty up to $500 for the denial of each separate written request and award attorneys’ fees. Civ. §1 365.2(f)