Requesting HOA documents allows owners to stay apprised of the association’s business and financials. Board members must uphold owners’ right to access these documents and understand which documents are up for examination. In doing so, they can gain the owner’s trust and avoid liability.
The Importance of Requesting HOA Documents
Homeowners have a right to know what’s going on in their community. One way to do this is to attend board meetings, but not everyone can spare a few hours, especially when they lead busy lives. A good alternative is to review the association’s books and records, as this keeps them up to date even after the fact.
An HOA document request promotes transparency within the association. Owners can get a better look at how operations are going and where their dues are being spent. They can also find out how projects are progressing and what timelines they can expect.
Additionally, document requests support home sales. If an owner wishes to sell their unit or property, they will likely need to supply the buyer with disclosure documents. Some of these documents come from the association itself.
If nothing else, complying with a request for HOA documents helps build confidence and trust in the board. It shows owners that the board has nothing to hide. If the board makes it hard for owners to examine documents, it would seem as if the board is up to no good.
Can Owners File a Request for HOA Documents in Oregon?
Yes, owners in Oregon can request a copy or an examination of the association’s books and records. According to ORS 94.670 (for HOAs) and ORS 100.480 (for condos), owners have the right to request HOA documents. That said, owners must make this request in good faith and for a proper purpose.
Oregon law also allows the board to create reasonable rules for when and where owners can review these records. They can also set rules for how often an owner may make this request.
How to Get Documents in an HOA
There are a few ways owners can gain access to an association’s documents. Board members must educate owners on these methods so they can exercise their rights.
1. Submit a Written Request
The most straightforward way to request HOA documents is to submit a written request. Owners must write and send a formal letter (or email) to the board. If the association is professionally managed, the owner may need to file the request with the HOA management company.
This letter should state the purpose of the request. It should also detail the specific documents that the owner wishes to examine. It can’t just say “HOA documents,” as that’s too broad. Instead, owners can ask for “CC&Rs,” “bylaws,” or “balance sheets within the last year,” to state a few examples.
2. Check the Online Portal
Many communities maintain websites or owner portals. Boards often publish the association’s documents, books, and records on these channels. This makes it easier for owners to access and download critical information without going through the board or manager.
3. Check the County Recorder’s Office
Some HOA documents are public records. Common examples include CC&Rs, deeds, and bylaws. Owners can obtain copies of these documents through their local county recorder, usually for a small fee.
4. Request a Resale Package
If an owner wishes to sell their home, they can request a resale package from the association. This package consists of mandatory disclosure documents that the seller must provide to the buyer.
What Documents Can I Request from My HOA?
Owners don’t have unlimited access to HOA documents. As per ORS 94.670 (for HOAs) and ORS 100.480 (for condos), certain documents must always be available.
These include the following:
- Governing documents (CC&Rs, bylaws, rules)
- Latest financial statement
- Current budget
- Reserve study (if any)
- Architectural guidelines
Requesting HOA documents does have its limits. The board may withhold some of the association’s records, especially if they consist of sensitive, private, or confidential information.
Here are the documents that an association doesn’t have to share:
- Employee or medical records
- Ongoing contract negotiations
- Legal communications
- Documents tied to lawsuits
- Executive session materials
- Other owners’ personal files
Are HOA Documents Public Record?
Public records are documents officially filed or recorded with a local government or agency. While HOA documents may be available for examination, not all of them are publicly recorded.
Examples of HOA documents that are public records include the CC&Rs and the community plat. Owners (and even outsiders) can view these documents by filing a request with the local county recorder. The bylaws may or may not be recorded, but the operating rules are almost always not.
As for the Articles of Incorporation, owners can usually access these through the Secretary of State. These are documents that establish the association as a legal entity or nonprofit corporation.
Can an HOA Charge for Producing Copies of HOA Documents?
Yes, an HOA or condo can charge a reasonable fee covering personnel costs for furnishing or copying the records. This is according to ORS 94.670 (for HOAs) and ORS 100.480 (for condos).
How Boards Must Respond to an Owner Requesting HOA Documents
Once an owner submits a request, board members must follow certain steps.
1. Acknowledge Request
First, the board must acknowledge receipt of the request. This prevents owners from constantly following up, as they can rest easy knowing their request is being processed.
2. Verify Records
Next, the board should confirm that the records are available for examination. Any confidential and private documents may be withheld. Some associations redact identifying or sensitive information before releasing the record for inspection. The board should also check if the owner wants copies of the records or simply wants to review them.
3. Process Request
After confirming the request, the board should start processing it. This involves producing copies or scheduling the inspection. According to ORS 94.670 (for HOAs) and ORS 100.480 (for condos), the board can set reasonable rules for when and where owners may review the records.
4. Keep to the Timeline
Boards may have only a limited time to produce the records the owner wants to see. This timeline will depend on the governing documents and state laws.
As per ORS 94.670 (for HOAs) and ORS 100.480 (for condos), associations only have 10 business days to comply with a request for the following documents:
- Governing documents (CC&Rs, bylaws, rules)
- Latest financial statement
- Current budget
- Reserve study (if any)
- Architectural guidelines
Tiring but Necessary
When requesting HOA documents, owners must follow a specific set of guidelines. Similarly, board members must adhere to certain requirements and timeframes for responding to such requests. While these requests can be cumbersome, boards must remember that owners have a right to them and that they help support transparency.
CWD Group offers management services, including legal compliance, to community associations in Oregon and Washington. Call us today at 503-488-2008 or contact us online to learn more!
RELATED ARTICLES:
- Oregon HOA Reserve Requirements: Studies And Planning
- HOA Collection Policy: What To Do With Increased Delinquencies
- HOA Election Recalls On The Rise: Why Is This Happening?
