Do homeowners need to pay for HOA records?

Mike HunterQ: I recently requested records from my condominium’s property management company. They told me that they only have records for the past two years that they can email to me at no cost, and that the prior six years’ worth of records are in a storage unit.  In order to inspect them, I would need to schedule a time to come to their offices to review the records.  Is this correct? Or can they provide me with copies that I can take home?

A: If your HOA is like most in North Carolina, it is organized as a nonprofit corporation. Under the North Carolina Nonprofit Corporation Act, the HOA can require you to pay a reasonable fee for producing the records for inspection and also for copying the records, if that is requested.

The statute, which is N.C. Gen. Stat. § 55A-16-03(c), reads, “the corporation may impose a reasonable charge, covering the costs of labor and material, for producing for inspection or copying any records provided to the member. The charge shall not exceed the estimated cost of production or reproduction of the records.”

Charlotte attorney Michael Hunter represents community and condominium associations for the firm of Horack Talley.

“Ask The Experts” Articles have been Reprinted with permission from the Charlotte Observer

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