Statutes Overview The Condominium Act:
RCW 64.34.372(1) applies to all condominiums created prior to July 1, 2018.
Records: All financial and other records of the association, including, but not limited to checks, bank records, and invoices.
Access: Reasonably available for examination and copying by any unit owner.
Adopt a Records Retention Policy
The best advice for addressing owner access to records is to adopt a records retention policy. The association’s attorney can assist with the details and sorting out any unique complications. To help get you started, here are some key do’s and don’ts:
A Records Retention Policy
SHOULD (Do’s!) List the types of records the association keeps, the length of time records are kept, and how records can be accessed by owners
Establish expenses for records access
Identify documents or data that are not kept as association records
A Records Retention Policy
The HOA Act: RCW 64.38.045(1) and (2) apply to all non-condominium HOAs created prior to July 1, 2018.
Records: All financial and other records, including checks, bank records, invoices, and the names and addresses of owners and other occupants of the lots, but no unlisted telephone numbers.
Access: Examination by owners with reasonable advance notice during normal working hours at the offices of the association or its managing agent. Allows reasonable charges for copies and any reasonable costs incurred by the association in providing access to records.
WUCIOA: RCW 64.90.495 is applicable to all condominium and homeowners associations and cooperatives created on or after July 1, 2018.
Records: Provides a detailed list of specific records the association must retain and those records the association may withhold from disclosure (too long to include here).
Access: Examination by owners during reasonable business hours or mutually convenient time and location, and at the offices of the association or its managing agent. Allows reasonable fees for copies of records and supervising the owner’s inspection.
SHOULD NOT (Don’ts!) Allow access to other owners’ private information
Allow access to records protected by attorney-client privilege Allow unsupervised access to original documents
The mere existence of a policy, even a simple one, will establish clear expectations and minimize disputes. It is also advisable to respond promptly to acknowledge receipt of the owner’s request and provide information about the procedure for records access, and any relevant time frames. If you have concerns about any of the records requested, consult with the manager or association attorney as needed. If the request includes documents that the association will not or cannot provide, notify the owner of those circumstances, and provide an explanation if necessary.
The mere existence of a policy, even a simple one, will establish clear expectations and minimize disputes.
Using these methods will facilitate amicable exchanges with owners about the availability of records and disclosure of information, and hopefully, make your roles as managers and board members a little easier.
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