Article VII: The Right to Oversight of Associations and Directors

Homeowners shall have reasonable access to records and meetings, as well as specified abilities to call special meetings, to obtain oversight of elections and other votes, and to recall directors.

Open Records:

All the meeting minutes, financial and budget materials, contracts, court filings, and other records must be upheld and maintained for at least four years at the main business office of the association. All records must be made available to homeowners, the authorized agents, and the ombudsperson to inspect and copy. Any document that is protected by client-attorney privilege is exempt from disclosure just like they would be in litigation. Staff personnel records and records of the homeowners (other then the requester) are not made available. If an association refuses to allow access then the requester is entitled to an immediate injunction.

Quarterly Review:

The following information must be reviewed every 90 days by the directors at an association meeting. The latest statement from institutions that hold association accounts. Reconciliations of the association’s operating and reserve accounts, year-to-date income and expense statement for operating and reserve accounts. Status of any lawsuit, arbitration, or mediation involving the association.

Open Meeting:

Homeowners may attend, record and speak at the meeting of the association or directors. Executive sessions are exempt. Executive sessions can be held to approve/modify/terminate a contract between association and attorney. They can consult on litigation, and discuss the health, character, misconduct, etc of an association manager/employee.

Open Voting:

All votes by directors shall be recorded and make available to the homeowners, except for executive meetings. Directors cannot vote by secret ballot or proxy, outside of when officers are elected.

Special Meetings:

In order to hold a special meeting the director shall provide 30 days notice and the meeting will be held no less than 30 days and no more then 60 days after the petition stating the purpose of the meeting and has been signed. If the directors fail to provide notice then the meeting will be handled by the ombudsperson.

Election and Ballot Oversight:

If 100 homeowners or homeowners who hold 15% of the voting provide a written notice to the ombudsperson with at least 15 days notice the ombudsperson will supervise the election. If so they shall retain copies of the election or ballot records.

Open records are widely supported in the homeowner arena. This is meant so that homeowners do not have difficulty finding records that they desire. There are obviously limits to what you can see, but any information in your reach by be seen rather easily. You just need to go through the proper channels. Financial records are released so that financial disputes can be clearly solved and everybody is looking at the same information. Open meetings are also supported by this article so that everybody can have their fair say. They also can know how officials are elected and hold them accountable. It is within your right to know how your homeowner association is working, outside of the executive meetings.