Neither the HOA nor anyone else is allowed to sell you the documents. You would like a copy of the documents but the HOA is charging a copying fee you can't afford? The solution is not to have them copy the documents, you copy the documents. You have the right to inspect and copy records. The HOA may wish to charge you a copying fee that is beyond your budget. No one said you can't make the copies at your own cost. You are allowed to make copies. Nothing stops you from taking a digital camera and copying documents to bypass the copier fee. If you can get one copy of the document, you can copy the document as many times as you wish and give it to your neighbor, as long as you don't sell the copies. You have a right to see and copy records. You may ask to see: the budget - reserves - insurance - financial statements - governing documents assessments - violation notices - construction defects - contractor proposals or invoices 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 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) 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) Managing Agents. Managing Agents can charge the inflated fees and are not limited to cost.
(Read the section called "Documents" to see all the Civil Code. ) |