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Dealing with Owner Records O


By Valerie Oman, Esq.


wners in Washington State community associations have the right to review certain association records upon request. While the


previous HOA and condominium statutes were less informative, the more recent Washington Uniform Common Interest Ownership Act (WUCIOA) provides  records may be withheld from owners. Although this provision of WUCIOA is not binding on preexisting associations, it provides associations guidance where none (or little) existed previously, and may clarify the legislative intent in the prior statutes.


What is RCW 64.90.495?


RCW 64.90.495 is the “Association records” section of WUCIOA, and contains a detailed list of association records. There are obvious documents  paid bills, cancelled checks, meeting minutes, contracts, or any other written document received by, created by, or sent out by the Association.


There are also less obvious items on the list, including delinquency reports and materials relied upon by the board to enforce the governing documents.  included among association records. The  consume an entire article on its own!)


Types of Record Availability


Just because something is an association records does not automatically mean it can or should be made available to owners. Once again WUCIOA provides a reasonable and


detailed list of what types of association records “may be withheld from inspection and copying” by owners (RCW 64.90.495(3)).


These include personnel and medical records, contracts currently under bid or negotiation, legal documents  communications as well as litigation, mediation, or arbitration documents), unlisted telephone numbers or  resident, and more.


Handling Owner Requests


As a practical matter, how should associations deal with owner requests for records? We recommend adopting a records retention policy and a policy for how to respond to owner records requests.


These provide a road map for the board/manager in responding to requests, and can also serve to educate


12 Community Associations Journal | March 2020


owners on what they can review, the  expect, etc.


In general, our advice to our clients is to be as transparent with owners as possible. With certain types of records – i.e., board meeting minutes – associations should err on the side of disclosure and might even consider mailing copies to all owners or posting them on an association website.


Transparency of information gives owners a sense of inclusion and can also have the effect of cutting down on records requests. When owners believe their boards are being forthcoming with information, they are likely to be less suspicious of and resistant to board actions.


Owner Request Limitations


Can an association prohibit a member outright from inspecting association records? The short answer to this question is no. However, there are


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