HOA Disputes – How Do Homeowners Obtain Authorization To Request HOA Records?
Many HOA disputes are borne over conflicts surrounding Association documentation. Such disagreements often relate to financial documents, including contracts or any other agreements set in writings. And these agreements generally pertain to fiscal issues or other association governed business stated in written contracts. Cal. Civ. Code § 5200 et seq. defines an association’s statutory obligation to provide particular “association records” upon request.
This code further defines “Association Records” as:
- Any financial document required to be provided to a member
- Any financial document or statement required to be provided by Davis Stirling
- Interim financial statements, periodic or as compiled, containing any of the following: (i)
- Balance sheet
- Income and expense statement
- Budget comparison
- General ledger
- Executed contracts not otherwise privileged under law
- Written board approval of vendor or contractor proposals or invoices
- State and federal tax returns
- Reserve account balances and records of payments made from reserve accounts
- Agendas and minutes of meetings of the members
- Membership lists
- Check registers
If an association board refuses to provide any of the documents outline above, it must present a legal basis for denying such a request. Section 5200 et seq. empowers association members (homeowners) with the right to enforce the delivery of Association Records.
Embroiled in a dispute with your HOA? Contact one of Gholian Law’s Los Angeles HOA Dispute Attorneys in Los Angeles TODAY.