Index of Terms (non-exhaustive)
Summary: An HOA is required to make certain documents available to homeowners free of charge, via the association’s website or at the association’s address. A homeowner is required to include certain information in a written request for records. There is a penalty for the failure of an association to fulfill a request, but an association is not liable for erroneous documents identified or produced in good faith.
The law requires associations to keep certain records and make them available to homeowners who request them. An association is required to keep a copy of each of the following records at its principal office (records kept electronically satisfy this requirement as long as such electronic records are capable of being transmitted to, or viewed by, others, such as via email from an electronic storage medium or via website): (1) all governing documents; (2) the minutes of all owners’ meetings for a period of three years; (3) records of all action taken by owners without a meeting, for a period of three years; (4) all written communications to owners generally as owners for a period of three years; (5) a list of the names and business or home addresses of the current board members and officers; (6) a copy of its most recent annual report (annual renewal) delivered to the Division of Corporations under Utah Code Section 16-6a-1607; and (7) all financial statements prepared for periods ending during the last three years, if any, that show in reasonable detail the assets and liabilities and results of the operations of the association.
The law also requires all associations to keep and make available to homeowners a copy of the association’s: (1) declaration and bylaws, (2) most recent approved minutes, and (3) most recent budget and financial statement. Associations are required to make those documents available to owners, free of charge, through the association website, or, if the association does not have an active website, it must make physical copies of the documents available to owners during regular business hours at the association’s address registered with the Department of Commerce’s Utah HOA Registry.
If a homeowner wishes to view or copy other association records, then in a written request to the association, the homeowner must include certain information, including how the owner wishes to inspect or to copy the documents. The owner may elect: (1) that the association or a third party duplicating service make the copies or electronic scans of the requested documents, or (2) that the owner be allowed to bring any necessary imaging equipment to the place of inspection and make copies or electronic scans of the documents while inspecting the documents, or (3) that the association email the requested documents to an email address provided in the request.
If an association produces the copies or electronic scans, the owner must pay the association the reasonable cost of the copies or electronic scans and for time spent meeting with the owner, which may not exceed the actual cost that the association paid to a recognized third party duplicating service to make the copies or electronic scans, or 10 cents per page and $15 per hour for the association employee’s, manager’s, or other agent’s time.
In addition to the penalties already in place for failure by an association to comply with this law, the new law imposes the additional penalty that an association must pay $25 per day for as long as the owner’s records request continues unfulfilled, beginning on the sixth day after a proper written request was made.
Relevant statutes and cases: