During the 2019 HOA Boot Camp, many of the attendees requested an example Open Book and Review Request. The example request is based on the Non-Profit code and my community Declaration. I do encourage all to review their community declaration for requirements to submit a proper request. Any request requires a request for specific documents and a legitimate purpose. If you are already in litigation, you can leverage discovery to surface these documents. Also, take a look at your declaration for the required time to respond to your request. Typically, it is 5 to 7 days. Again, don't rely on my memory, take a look at your declaration for the specific time frame. As promised, I have provided a template.
Disclaimer:
I am not a practicing attorney. Please consult your attorney for legal advice.
All information on Georgia HOA Alliance is intended for general information. It is not a substitute for legal advice. Always consult your attorney with any questions you may have regarding a legal matter. Do not disregard legal advice or postpone consultation with your attorney because of the information that you have read on this website. Reviews reflect individual experiences and may not be typical. Individual results may vary. There is no warranty that this information is accurate or complete.
[Example Letter]
Street Address, City, ST ZIP Code
Telephone
Date
Dear [CONTACT],
Per Article XII Section 12(a) of the Declaration of Protective Covenants for [Community Association], we are entitled to review all records for the Home Owners Association (HOA). The inspection of all accounting and corporate records of [Community Association] is for the purpose of determining the performance of management and the condition of the Home Owners Association (HOA).
We respectfully request the following:
Please make available, including but not limited to, all records, such as vendor information, book of accounts, records of all asset accounts, invoices and billing statements, receipts for petty cash, profit and loss statements, tax returns, minutes of meetings of the HOA ( Board of Directors, [Primary Committee Name] Committee and all other committees - Social, Welcome, Communications/Newsletter, Clubhouse and Covenants) for the last three years.
Equally, important please make available homeowner/membership lists including the financial status of HOA for the last three years.
According to the Declaration, you must make available all records at a certain time within five (5) business days. Please provide me with those available times and dates.
[Follow Up to initial message]
I wanted to follow up on the schedule to review the records of the [Community Association]. The last scheduled time was less than 24 hours’ notice. if your office is open on [Date], I would like to begin our look into the records.
It is our goal to look over all detailed transactions as outlined in the original request. So we expect to base on the email response from [Contact], the records for the Clubhouse are requested from the [Responsible Committee].
First, how soon do you all expect those records? We are looking for all, but not limited to, banking statements, contracts, canceled checks and proof of all transactions, such as invoices and receipts.
Second, we would like to look into the loan from [Declarant Name]. We want to look at all, but not limited to, records for payments and accruals.
Third, we would like to review all, but not limited to, contracts for the last three years for the [Community Association Name]
[Include a copy of original message recommended]
[Example Documents for consideration included] [Delete before sharing.]
a. Annual Income/Expenses for 2010, 2011, 2012, 2013: {NOTE}: Limit your request to the last three years. That is dictated by law or your community Declaration.
b. Balance Sheet for 2010, 2011, 2012, 2013: {NOTE}: Limit your request to the last three years. That is dictated by law or your community Declaration.
c. Bank Statement(s) for the operating account and any other bank account(s) used by HOA - Board of Directors, and all Committee Chairs 2010, 2011, 2012, 2013: {NOTE}: Limit your request to the last three years. That is dictated by law or your community Declaration.
d. Cash Flow Statement – 2010, 2011, 2012, 2013: {NOTE} most management companies do not generate cash flow statements.
e. General Ledger – 2010, 2011, 2012, 2013 {NOTE}: {NOTE} Limit your request to the last three years. That is dictated by law or your community Declaration.
f. A copy of the last Certified Audit for [Community Association]: {NOTE} Generally Most Community association does not conduct a formally certified audit. {NOTE}: Limit your request to the last three years. That is dictated by law or your community Declaration.
g. 3 years, tax records, invoices: {NOTE}: Limit your request to the last three years. That is dictated by law or your community Declaration.
h. All Reserve Studies for [Community ]: a reserve study not have been conducted.
h. All Reserve Studies for [Community ]: a reserve study not have noconducted
i. All Clubhouse Rental cancel checks and agreements for 2010, 2011, 2012, 2013: {NOTE}: Many committees are charged with either keeping the records or turning them over to the secretary for keeps.
j. Detailed information for all categories of expenses, such as telephone, recreation, etc.: {NOTE}: This is more of a general type of transaction. Try and be specific.
k. All vendor contracts and invoices for 2010, 2011, 2012, 2013: {NOTE}: The management company may refuse to share any contracts with the Community Association.
l. Contracts with Management Company, Security Company, Monitoring Company, and Insurance records. {NOTE}: The management company may refuse to share any contracts with the Community Association.
m. Board minutes (2010, 2011, 2012, 2013), committee minutes, board meeting attendance: {NOTE}: Board & Committee Minutes is not limited to three years. The minutes are maintained for the life of the Community Association. {NOTE} Don't be surprised that committees' minutes are not provided. In fact, the Board of Directors may have some missing minutes. When challenging decisions of the Board, it is important that the minutes reflect those decisions.
Warm regards,
Your Name
Title