📊

Financial Records

Budgets, financial statements, bank statements, tax returns, reserve studies, and assessment records that show how your HOA fees are being spent.

Budgets Bank Records Reserve Study Tax Returns
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Board Meeting Records

Meeting minutes, agendas, notices, and records of board actions and decisions affecting the community.

Minutes Agendas Notices Resolutions
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Governing Documents

CC&Rs, bylaws, articles of incorporation, operating rules, and any amendments to these foundational documents.

CC&Rs Bylaws Rules Amendments
📁

Your Owner File

Your individual membership records including correspondence, violation notices, assessment history, and architectural applications.

CC 5215 Correspondence Violations Account History
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Contracts & Vendors

Contracts with management companies, maintenance vendors, attorneys, and other service providers paid with HOA funds.

Management Contract Vendor Agreements Insurance Legal Fees
🗳️

Election Records

Ballots, voter lists, inspector certifications, and election results that must be retained for one year under Civil Code 5125.

Ballots Certifications Voter Lists Results

California HOA Records Inspection Rights

California Civil Code 5200-5240 provides homeowners with extensive rights to inspect and copy HOA records. These rights are critical for holding your board accountable and understanding how association funds are being managed.

Key Protection: Under Civil Code 5235, if an HOA wrongfully denies access to records or fails to respond within 10 business days, it is liable for $500 per violation. This penalty can add up quickly for multiple denied requests.

Applicable Statutes

Civil Code 5200

Establishes the general right of members to inspect and copy association records. Lists records that must be made available.

Civil Code 5205

Specifies time periods for record retention (permanently for governing documents, 12 years for financial records, etc.).

Civil Code 5210

Inspection procedures: Written request required, inspection within 10 business days at HOA office or mutually agreed location.

Civil Code 5215

Right to inspect your individual membership file—all records specifically related to you as a homeowner.

Civil Code 5220

Records that can be withheld: Attorney-client privilege, pending litigation, personnel records, individual member records (of others).

Civil Code 5235

Penalty provision: $500 per violation for wrongful denial of records request. Awarded to requesting member.

10 Business Day Rule

The HOA must make records available for inspection within 10 business days of receiving your written request. This timeline is strict:

Written Request Required: Always submit records requests in writing (email or letter). Verbal requests don't trigger the statutory protections. Keep proof of delivery for your records.

Records You're Entitled to Inspect

Civil Code 5200 provides a comprehensive list of records that must be made available to members upon request.

Financial Records

Governance Records

Election Records

Contracts and Legal

Your Personal File: Under Civil Code 5215, you have the right to inspect all records specifically pertaining to you—your account history, correspondence, violation notices, architectural requests, and any other documents in your individual owner file.

Records HOAs Can Withhold

Civil Code 5220 lists specific categories of records that can be withheld from inspection:

Privileged Records

Privacy-Protected Records

Other Exempt Records

Abuse of Exemptions: Some HOAs over-claim exemptions to avoid disclosure. If an HOA claims privilege or exemption, demand they identify the specific exemption and provide non-exempt portions of documents with exempt portions redacted.

Sample Initial Records Request Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

[HOA Name]
[Management Company, if applicable]
[Address]
[City, State ZIP]

Re: Request for Inspection of Association Records – Civil Code 5200

Dear [HOA Board/Property Manager]:

Pursuant to California Civil Code 5200-5210, I hereby request to inspect and copy the following Association records:

1. [List specific records requested, e.g., "All board meeting minutes from January 2023 to present"]
2. [e.g., "Current operating budget and year-to-date financial statements"]
3. [e.g., "Most recent reserve study"]
4. [e.g., "Contract with [management company name]"]
5. [e.g., "My individual membership file pursuant to Civil Code 5215"]

Under Civil Code 5210, the Association must make these records available for inspection within 10 business days of receiving this request. I am available to inspect records during normal business hours at the Association's office, or at another mutually convenient location.

Please contact me at [phone] or [email] to schedule the inspection. I will pay reasonable copying costs for any documents I wish to copy.

Please be advised that under Civil Code 5235, if the Association fails to make these records available within the statutory timeframe or wrongfully denies access, the Association may be liable for a penalty of $500 per violation payable to me.

Sincerely,

[Your Signature]
[Your Name]
[Unit/Lot Number]

Sample Records Denial Challenge Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[HOA Name]
[Board of Directors]
[Address]
[City, State ZIP]

Re: Demand for Records and $500 Penalty – Civil Code 5235 Violation

Dear Board of Directors:

On [date], I submitted a written request to inspect Association records pursuant to Civil Code 5200. It has now been [number] business days since that request, and the Association has [failed to respond / denied my request without valid justification].

Records Wrongfully Withheld: [List specific records denied or not provided, e.g., "The Association refused to provide board meeting minutes, claiming they are 'confidential.' Board meeting minutes are expressly listed as available records under Civil Code 5200(a)(4) and are not exempt under Civil Code 5220."]

Legal Violation: The Association's failure to provide access to these records within 10 business days violates Civil Code 5210. Under Civil Code 5235(a), an association that "fails to allow a member to inspect association records" is liable for a penalty of $500 per violation, payable to the requesting member.

Demand: I demand that the Association: (1) Immediately provide access to all requested records within 5 days; (2) Pay the statutory penalty of $500 per violation for the wrongful denial of my records request, totaling $[amount] for [number] categories of records wrongfully withheld.

If the Association does not comply within 10 days, I will file suit to enforce my rights under Civil Code 5200-5235 and seek all available remedies including the statutory penalty, attorney's fees, and any other damages.

Sincerely,

[Your Signature]
[Your Name]

Enclosure: Copy of original records request dated [date]

Enforcing Your Records Rights

When the HOA Won't Comply

$500 Penalty Per Violation

The penalty under Civil Code 5235 applies to each violation. Courts have interpreted this to potentially mean:

Additional Remedies

Small Claims Court: The $500 penalty and records disputes are well-suited for small claims court (up to $12,500). You can represent yourself and don't need an attorney. File in the county where the HOA is located.

Tips for Successful Records Requests

Best Practices

Common HOA Tactics (and Responses)

Privacy Note: If you request records that include other members' personal information, the HOA may redact names, addresses, and account numbers. This is permitted under Civil Code 5220. You can still get the records, just with redactions.

HOA Refusing Your Records Request?

I help California homeowners enforce their records inspection rights and recover penalties when HOAs wrongfully deny access. Get the transparency you're entitled to.

Schedule Consultation Email: owner@terms.law