HOA Open Records Request
Homeowners associations are obligated to keep a variety of detailed records for their homeowners to be able to access. Potential buyers and current HOA members may wonder what types of HOA records exist and what rights they have to view and review these documents.
When it comes to public access, however, regulations and access rights are not all-encompassing. The extent to which HOA records must be made public and the means by which property owners may obtain them varies from state to state.
While this article will provide a generalized review, we recommend touching base with your attorney for more specific guidance on how your state laws.
Types of HOA Records
Depending on the situation, a homeowner may wish to obtain access to any of the following common association records:
- Articles of Incorporation: All HOAs have these required legal records. The article of incorporation documents foundational information such as the association name, date of establishment, and location.
- Covenants, Conditions, & Restrictions: Also known as the CC&Rs, these records detail the HOA’s rules and responsibilities. In addition to outlining the services provided to HOA members, the CC&Rs should also list provisions about property use, community guidelines, and restrictions.
- Rules and Regulations: This document gives further details on the rules the members must follow. While the CC&Rs take precedence over any other rules and regulations, these documents can help clarify and expand some issues, such as noise ordinances or landscaping regulations.
- Bylaws: Bylaws outline specific rules pertaining to the HOA board officers, including procedures for meetings and elections.
- Financial Documents: These documents can include budget reports, receipts and invoices, member account ledgers, contract work bids, financial reviews, and audits.
- Insurance: Associations should document all insurance policies, claims, and records.
- Board Information: This would include board meeting notices, minutes, and any other applicable information.
State Laws and Record Requests
States enforce varying laws when dealing with public access to HOA records.
Texas Laws
Texas law states that “a property owners’ association shall make the books and records of the association, including financial records, open to and reasonably available for examination by an owner, or a person designated in a writing signed by the owner as the owner’s agent, attorney, or certified public accountant, in accordance with this section. An owner is entitled to obtain from the association copies of information contained in the books and records.” However, it also declares that it is not required for the association to release the violation history of an individual association owner.
Arizona Laws
Arizona law obligates the seller of an HOA property to deliver the association’s governing documents to the purchaser within a certain time frame. Associations are also prohibited under Arizona law to charge any fee for homeowners to view official documents.
How to Make an Open Records Request
Because HOA membership and many state laws generally allow access to most association documents, an open records request is usually a pretty straightforward process.
Members can make a direct or written request to their association with the expectation of receiving access in a timely manner. Both Texas and Arizona laws allow 10 days for the association to respond and grant access.
If you’re wondering what rights you have as a homeowner when it comes to viewing your HOA’s records, check with your local and state laws, as well as your HOA to ensure a successful request.
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