Requests
limitations to what owners can review, as previously discussed. And there may be factors that lead an association to be more reluctant to comply with a request as it is submitted.
One such example might include when an owner has an improper purpose in submitted the request. There is a presumption that an owner is requesting to inspect records for a proper purpose, and the burden to disprove that presumption is on the association. Having a belief, without supporting evidence, that an owner’s request is made for an deny a request to inspect records.
Charging For Documents?
Can an association charge an owner for costs incurred in responding to a records request? Probably, so long as the charges are reasonable and communicated to the owner in advance of being incurred.
Some owners may demand “all records of the association.” A request like this, unbounded in time and which includes every association record, forever, is burdensome to an association and is also unlikely to be helpful purpose in making the request.
One way to respond is to notify the owner of the time and cost involved and inviting the owner to narrow their request so the association can comply more quickly and at a lower cost to the owner.
Record Rights
Owners’ rights to inspect association records are protected by statute. Boards and manager must understand what association records include and exclude, as well as what records may be withheld in response to an owner request. When in doubt, consult with your association’s attorney in responding to owner requests for records.
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