Most of the books, records and items of information maintained and generated by an association during the course of its operations are subject to inspection and copying by a member. (Civ. Code § 5205; See also “Member Record Inspection Rights.”) The records of an association that are subject to inspection and copying are broken down into two (2) main categories: “association records” and “enhanced association records.” (Civ. Code § 5200.)

“Association Records”
Civil Code Section 5200(a) defines “association records” to include all of the following:

Financial Records:

• Financial documents contained within the association’s annual budget report and annual policy statement that must be distributed to the members pursuant to Civil Code Sections 5300 and 5310 (i.e., operating budget, reserve summary, financial statements, insurance information, etc.). (Civ. Code § 5200(a)(1); See also “Annual Budget Report” and “Annual Policy Statement.”)
• Interim financial statements, periodic or as compiled, containing any of the following: (a) balance sheet; (b) income and expense statement; (c) budget comparison; (d) a “general ledger” of transactions over a period of time. (Civ. Code § 5200(a)(3); See also “Financial Statement.”)
• State and federal tax returns. (Civ. Code § 5200(a)(6).)
• Reserve account balances and records of payments made from reserve accounts. (Civ. Code § 5200(a)(7).)
• Check registers. (Civ. Code § 5200(a)(10).)

Vendor & Employee Contracts:

• Executed contracts not otherwise privileged under law. (Civ. Code § 5200(a)(4).)
• Written board approval of vendor or contractor proposals or invoices. (Civ. Code § 5200(a)(5).)
• Information concerning the compensation paid to employees, vendors, or contractors. (Civ. Code § 5215(b).)

Governing Documents:

• The association’s governing documents (i.e., CC&Rs, bylaws, articles of incorporation, operating rules, condominium plan, etc.) (Civ. Code § 5200(a)(11).)
• Schedule of monetary penalties (fines) for violations of the governing documents. (Civ. Code §§ 5200(a)(1), 5310(a)(8).)

Agendas & Meeting Minutes:

• Agenda and minutes of meetings of the members, the board, and any executive committees appointed by the board pursuant to Corporations Code Section 7212; excluding, however, minutes and other information from executive sessions of the board as described in Civil Code Section 4935. (Civ. Code § 5200(a)(8).)

Association Election Materials:

• Returned ballots, signed voter envelopes, the voter list of names, parcel numbers, and voters to whom ballots were to be sent, proxies, and the candidate registration list. Signed voter envelopes may be inspected but may not be copied. (Civ. Code § 5200(c).)

Miscellaneous:

• Membership lists, including names, property addresses, mailing addresses, and email addresses but not including information for members who have opted out pursuant to Civil Code Section 5220. (Civ. Code § 5200(a)(9); See also “Membership List.”)
• Escrow documents required to be provided to a member pursuant to Civil Code Sections 4525 through 4545 (i.e., governing documents, document disclosures, violation notices regarding that member’s unit, construction defects, etc.). (Civ. Code § 5200(a)(2); See also “Transfer Disclosures & Escrow Documents.”)

Enhanced Association Records:

• “Association records” also include anything which constitutes an “enhanced association record” pursuant to Civil Code Section 5200(b). (Civ. Code § 5200(a)(13).)

“Enhanced Association Records”
Civil Code Section 5200(b) defines “enhanced association records” to include “invoices, receipts and canceled checks for payments made by the association, purchase orders approved by the association, bank account statements for bank accounts in which assessments are deposited or withdrawn, credit card statements for credit cards issued in the name of the association, statements for services rendered, and reimbursement requests submitted to the association.” Anything which constitutes an “enhanced association record” is also an “association record.” (Civ. Code § 5200(a)(13).)

Time Periods for Producing Records
An association is only required to produce records for its current fiscal year and for its two (2) previous fiscal years. (Civ. Code § 5210(a)(1); See also “Deadlines for Producing Association Records.”) However, minutes of member, board, and committees with “decisionmaking authority” must be made permanently available for inspection. (Civ. Code § 5210(a)(2).)

Request for Inspection & Production Requirements
Subject to certain limitations, members and directors of an association have varying rights to inspect association records. (See “Member Record Inspection Rights;” See also “Director Record Inspection Rights.”)

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