By Eric Glazer, Esq.

Published March 25, 2013

            As our blog readers know, Jan and I are doing all we can to pass legislation that will help owners in HOAs.  In fact, it's pretty clear that our suggestion of allowing owners to use their cameras and cell-phones to copy the official records will become law as of July 1st.  So far so good.

            Here is what the HOA statute says in terms of what HOA owners must pay for copies of records:

If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside vendor or association management company personnel and may charge the actual cost of copying, including any reasonable costs involving personnel fees and charges at an hourly rate for vendor or employee time to cover administrative costs to the vendor or association.

            As you can see, unlike condominium owners, HOA owners must may personnel fees and charges at an hourly rate for vendor or employee time to cover administrative costs to the vendor or association.  Why should HOA owners be forced to pay these charges when condo owners don't?  Moreover, after hearing horror stories of owners being charged in excess of $100.00 per hour to simply get access to records, it became clear that this language in the law needed to go.

            Last week, a House sub-committee unanimously agreed to support our proposal to eliminate these fees.  However, there was some discussion on the committee as to what to do about those owners who constantly barrage the association with records requests.  The thought was, shouldn't those types of owners be forced to pay for the time it takes for the manager or other employee to get those records ready and available for inspection, and for the time they spend making photocopies?

            The law already exists that allows the association to adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections.  Surely you would think that the association could pass a reasonable rule that prevents an owner who wants access to records from becoming over zealous, and ensures  free access.  What about the statute having a maximum hourly rate that can be charged to cover personnel fees?

            HOA owners and community association managers, I would love to get your thoughts.