Inspecting HOA Books and Records

This case involved a dispute between a condominium owner (“Owner”) and his condominium owners association (“Association”) over Owner’s right to inspect and copy Association books and records pertaining to a special assessment in the amount of $165,000 that Association proposed to repair roof leaks, maintain the sprinkler system, and perform other necessary repairs.

After receiving notice of the proposed special assessment from Association, Owner attempted to obtain various corporate and accounting records from Association which included itemized estimates for the proposed phases of work, warranties, and emails. Being dissatisfied with Association’s responses to his requests for documents, Owner filed suit against Association and its management agent seeking an order allowing Owner’s inspection and copying of the requested records as well as reasonable attorney’s fees and costs incurred. In its defense to Owner’s suit, Association contended that it had offered Owner the opportunity to inspect and copy documents, but Owner ignored the offer, and that Owner was demanding that Association produce some documents that confidential and personal information that Owner was not entitled to review.

The trial court issued an order stating that Owner’s demand was made in good faith and for a proper purpose, and that Owner was entitled to inspect and copy the records that he had requested. Despite said orders, the trial court denied Owner’s request for attorney fees, which the trial court said was within the discretion of the trial judge under the applicable statute. Dissatisfied with the trial court’s denial of his request for attorney’s fees, Owner filed an appeal.

The appellate court stated: