A resident who’s part of a homeowners’ association has the right to know how the HOA is being run. Because of this, your board should be prepared to manage record requests for HOA members and ensure transparency.
What is a Record Request for an HOA?
A record request for the HOA is a formal request that residents submit to check a specific association record. Such records may include anything from financial statements to meeting minutes.
These requests are allowed to provide homeowners with a way to check and review if their HOA is being run properly. It provides residents with the opportunity to see whether your HOA is complying with its governing documents or properly managing funds.
What Documents Can I Request From My HOA?
The type of documents your HOA members can request will vary depending on state laws and governing documents.
Here are some of the common documents residents should have access to:
Governing Documents
Your association’s governing documents, such as the bylaws, CC&Rs, articles of incorporation, and rules and policies, should always be available to residents. These documents outline how your HOA should be run and what homeowners should expect.
Typically, all HOA members should have their own personal copy of these documents. However, in certain scenarios, they should be available upon request from the HOA.
Meeting Minutes
Some of the most important HOA records to keep and access are board and membership meeting minutes. These track the motions and decisions made during a meeting. It also reflects how the board of directors handled official association business.
While meeting minutes are not exact transcripts of the meeting, they should still clearly reflect the notions and decisions made. Your residents should have access to them so they can review and approve minutes and understand the board’s actions.
Financial Records
Since residents fund the association through regular assessments, many also request financial records to see where their money is going. Some readily available HOA records, when it comes to finances, may vary from the HOA budget to bank statements. Others may also check audit reports and other financial statements.
Residents may also request financial records to help understand money-related board decisions. They want to see whether special assessments are justified or if an increase in HOA dues is fair to implement.
Reserve Studies and Maintenance Plans
Homeowners concerned about the overall state of the HOA may also request reserve studies and maintenance plans. These are useful in checking whether the association has prepared enough for projected long-term repairs and replacements.
HOA residents should have access to reserve information since it still involves long-term financial planning. If your association has underfunded reserves, homeowners may need to shell out money for special assessments or higher dues.
Executed Vendor Contracts
In general, residents can request executed HOA vendor contracts from the association. These documents would show what services your association is paying for. It also shows the obligations that those vendors have agreed to.
However, do note that if the board receives an HOA document request for these contracts, it should redact any sensitive information for certain scenarios. However, it should retain information about the scope and cost related to that agreement.
Insurance Records
Another record request that an HOA resident can make is for access to insurance records. Homeowners should have the means to review any type of coverage the HOA may be paying for. It lets them know which aspects the HOA covers and which insurance protections they should personally carry.
Architectural and Rule Enforcement Records
For HOA residents to fully understand the association’s expectations, they need to access the relevant guidelines and policies. These may include both HOA rules and architectural guidelines. Having these lets residents know how certain processes should be handled and what actions they can or can’t take.
They could also request enforcement records. However, this usually contains private information that shouldn’t be openly available. With this, the board will need to limit the information released regarding these records.
Record Requests for HOA: Having a Process
Having a clear process when a resident asks for HOA documents helps make things easier to organize. Here are some tips for executing it:
Require Written Requests
As part of the process, the HOA board may require homeowners to submit a written request. This can be done through digital channels or in person.
The request should include all necessary information, including which records are being requested and the reason for the request. Do remember to ask for the specifics, including the particular type of document and the timeframe it applies to.
Set a Response Timeline
To ensure orderliness and maintain resident trust, the board should have and follow a timeline. Usually, there’s a timeframe required by state law or the governing documents. If neither of those has a specific timeline, the association should make a point of responding within a reasonable time.
Offer Inspection and Copy Options
As part of the request, you can offer two delivery formats. Some residents may only want to inspect records, which can be done digitally. Meanwhile, others would prefer to own physical copies.
Protect Privacy and Confidentiality
Some HOA records contain sensitive, private information, even though residents may have the right to request access to them. Before the board releases such records, it should review the file for confidential information. If they spot some, these should be redacted from the copy accessed by homeowners.
This step is key to protecting confidentiality and privacy. Through thorough review and redaction, the board can provide necessary information while protecting the HOA and its members.
Keep a Request Log
Your HOA should be able to monitor which documents are being requested and released. Given this, it’s best practice for HOA boards to keep a log of all the record requests for HOA documents. These logs may include information such as the homeowner’s name and the age at which the document was requested.
Trust and Transparency
The HOA document request process should have a clear, easy-to-follow process that residents can easily follow. HOAs shouldn’t hinder homeowners from requesting necessary documents to get the full picture of how the community is being run. By providing access, HOAs are showing transparency, which may help reinforce resident trust in the association.
CWD Group offers management services to community associations in Oregon and Washington. Call us today at 503-488-2008 or contact us online to learn more!
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- Oregon HOA Laws
