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SB 434 - Managing Agent: Production of Records

The Davis-Stirling Common Interest Development Act defines a “managing agent” as a person who, for compensation or in expectation of compensation, exercises control over the assets of a common interest development.

Requests for HOA Documents

California law provides owners with access to many HOA documents, including financial records. What are those documents, how quickly must they be provided, and what are the limitations?

HOA Records Security: Protecting Homeowners' Personal Information

Protecting personal information

How Long Should We Keep HOA Records?

Your HOA may have a closet full of records, but do you have the right ones? Which records should you keep for reference and which are required by California law? We've gathered a full list of all records your HOA should have on file and how they should be organized. 

A Board Member's Right to Inspect HOA Records is Not Absolute

“Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation of which such person is a director.”

- Corporations Code Section 8334

§5260 - Recordkeeping

To be effective, any of the following requests shall be delivered in writing to the association, pursuant to Section 4035:

§5240 - Association Records - Member Rights

  1. As applied to an association and its members, the provisions of this article are intended to supersede the provisions of Sections 8330 and 8333 of the Corporations Code to the extent those sections are inconsistent.
  2. Except as provided in subdivision (a), members of the association shall have access to association records, including accounting books and records and membership lists, in accordance with Article 3 (commencing with Section 8330) of Chapter 13 of Part 3 of Division 2 of Title 1 of the Corporations Code.

§5235 - Association Records - Member Rights

  1. A member may bring an action to enforce that member's right to inspect and copy the association records. If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney's fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request.

§5215 - Association Records Inspection - Redaction

  1. Except as provided in subdivision (b), the association may withhold or redact information from the association records if any of the following are true:

§5210 - Association Records Inspection: Timing

  1. Association records are subject to member inspection for the following time periods:
    1. For the current fiscal year and for each of the previous two fiscal years.
    2. Notwithstanding paragraph (1), minutes of member and board meetings are subject to inspection permanently. If a committee has decisionmaking authority, minutes of the meetings of that committee shall be made available commencing January 1, 2007, and shall thereafter be permanently subject to inspection.


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