COURT SAYS HOA DIRECTOR HAS “ABSOLUTE UNQUALIFIED RIGHT” TO INSPECT THE ASSOCIATION’S BOOKS AND RECORDS

This case involved a dispute between an individual director of a homeowner’s association (“Director”) and the homeowners’ association (“Association”) over Director’s right to inspect certain books and records of the Association. Director made several requests to inspect various books and records. Association produced certain of the requested documents, and denied other requests on the ground that they did not pertain to the Board’s books and records.

Director filed an action against Association in which Director sought an order compelling Association to produce certain books and records of Association’s board of directors.  A motion filed by the Association to dismiss Director’s action was granted by the trial court as to certain of Director’s causes of action.  Thereafter, Director appealed the trial court’s judgment.

On review, the appellate court stated: