Deciphering 33-1805: Association Financial and Other Records
Article 33-1805 outlines the regulations governing the accessibility and disclosure of an association's financial and other records in planned communities. This statute defines the rights of members regarding the examination of these records, the association's obligations, and the exceptions where certain records may be withheld.
Section A establishes the rights of association members to examine the financial and other records of the association. This access is not exclusive to members alone but also extends to any person the member designates as their representative in writing. Furthermore, the association cannot charge a member or their representative for making material available for review. To ensure transparency and accountability, the association is required to fulfill any request for examination within ten business days. The same time frame applies if the member or their representative requests copies of these records. The association may charge a nominal fee of no more than fifteen cents per page for making copies.
While section A aims to promote transparency, section B of 33-1805 delineates certain exceptions where the association has the right to withhold specific records from disclosure. These include privileged communication between the association and its attorney, records pertaining to ongoing litigation, and minutes from certain board meetings not required to be open to all members. Personal, health, or financial records of individual members, employees of the association, or employees of a contractor for the association can also be withheld. This restriction extends to records relating to the job performance, compensation, health records, or specific complaints against an individual employee of the association or a contractor of the association working under the association's direction.
Finally, section C mandates that the association should not disclose financial and other records if doing so would contravene any state or federal law. This ensures that the association's record-keeping practices are in alignment with broader legal frameworks.
In sum, 33-1805 provides a balance between transparency and privacy in the context of a planned community association. It grants members and their representatives the right to review and obtain copies of the association's records, ensuring accountability and transparency, while also providing protections to safeguard sensitive information and comply with broader legal requirements.