Records, Retention, & Communication

Records

Ok, not quite everything

• Personnel files
• Contracts under negotiation
• Attorney-client privileged
• Executive session materials
• Anything illegal to disclose
• Owner files

Owner Files

• Files of individual owners, other than those of a requesting owner or requesting mortgagee of an individual owner, including any individual owner’s file kept by or on behalf of the association.

But what counts as an association record?

Records

• Everything you call a record
• Everything you keep
• Everything you are required to keep

Records Retention

• P.C.A.
• O.C.A.
• N.C.A
• Records Resolution

Records Retention

• Permanent
• One year
• Three Years
• Ten years

Common issues

• Emails
• Recordings
• Draft documents
• Storage

Record Inspection Requests

Records Requests

• Records must be reasonably available for viewing
• Must make available within five days

Must Maintain for Duplication

• Governing docs
• Rules & Regs
• Financial statement
• Operating budget
• Reserve Study
• Arc Standards
• 10 Days

Requests for Duplication

• Must be in writing
• Must be in good faith and for proper purpose
• Specific records requested must match the purpose

Reasonable Rules

• Frequency, time, place, manner
• Reasonable fee for duplication

Communication

Board Meetings Must be OPEN

Electronic Communication

Questions?