Revision Date: February 26, 2010

 

Original Date Established: September 13, 2004

 

Source: Road Agreement

 

Policy and Procedure:

 

Policy and Procedures regarding inspection and copying of the following records by a property owner or their designated representative who must be designated in writing:

 

Includes:

Financial Reports / Balance Sheet / Income and Expense / General Ledger/Agendas / Minutes / Invoices / Receipts / Canceled Checks of Association/Executed Contracts not otherwise privileged under law / Reserve Account Balances / Collection Policies

 

Excludes:

Agendas / Minutes and other privileged information from Executive Sessions. Membership Lists including name, property address and mailing address. Information or documents subject to attorney-client privilege or relating to litigation, including confidential settlement agreements.  Personnel records.  Voting records.

 

Redacted Information: 

Property owners names, parcel numbers, property address and contact and personal identification and financial information.

 

Time Periods:

Association records shall be made available for the current fiscal year and for each of the previous two fiscal years. For any reason, should the Association be unable to produce specified records that were created prior to January 1, 2006, there shall be no liability for the Association.

 

Costs:

Association may bill the requesting member for the direct and actual cost of copying requested records. Association shall inform the property owner of the copying costs before copying the requested documents.

 

Location:

Association shall make the specified records available for inspection and copying at a place that the requesting party and the Association agree upon.

 

By Mail:

Should requesting member submit a written request for copies of specifically identified records, the Association may mail copies of the specifically identified records either by first-class mail or electronically. The Association may bill the requesting property owner for the direct actual cost of copying and mailing requested documents. Requesting party shall agree to pay costs before copying and mailing the requested documents. Association may bill the requesting property owner an amount not in excess of ten dollars ($10) per hour, and not to exceed two hundred dollars ($200) total per written request, for the time actually and reasonably involved in redacting the records. Association shall inform property owner of the estimated costs, and the property owner shall agree to pay those costs, before retrieving the requested documents.

 

Electronic Delivery:

Requesting parties shall have the option of receiving specifically identified records by electronic transmission as long as those records can be transmitted in a redacted format that does not allow the records to be altered.

 

Remedies:

Association may bring an action for injunctive relief and for actual damages to the Association against any person who misuses the information obtained from Association records.

 

The rights of the Association to damages shall not be limited to injunctive relief to stop the misuse of this information. Association shall be entitled to recover reasonable costs and expenses, including reasonable attorney's fees, in a successful action to enforce its rights.