Page 16 - New England Condominium July 2019

16 NEW ENGLAND CONDOMINIUM -JULY 2019 NEWENGLANDCONDO.COM Entitlement to Information What Can Residents Access? BY MIKE ODENTHAL BOARD OPERATIONS L iving in a community association can sometimes be – or at least feel – com- plicated. For most people, their home is formal proceedings before a governmental their biggest single investment, and the value tribunal for enforcement of the declaration, of that individual investment depends a lot on bylaws or rules; the cooperation of neighbors, management, and board to make competent, informed de- cisions that maintain or increase the value of attorney-client privilege or the attorney work- the larger property. Given the stakes, more product doctrine; active, involved residents may want not only to attend open meetings, but to occasionally executive board; or review association documents – both to stay informed and to make sure everything is on the requesting owner. the up-and-up. If you happen to be one of those engaged unit owners – or are a trustee fee for supervising an owner’s inspection of its yourself – it pays to know what information records and for supplying copies to the own- non-board residents are entitled to access, er,” adds Sandler. and what’s for board members’ eyes only. New England Condominium spoke with several legal and management professionals throughout the region about what documents and information residents can request to re- view in different types of multifamily com- munities, as well as what boards and manag- ers must keep confidential. Scott J. Sandler, Managing Partner at law firm Sandler, Hansen & Alexander, LLC, in Middletown, Connecticut “Connecticut’s version of the Common Interest Ownership Act (CIOA) contains an minutes are kept extensive provision that addresses the ability of owners to inspect and copy association re- cords,” says Sandler. “Most association records must be open to the owners for inspection. invoices and vouchers authorizing payments, The association is not required to synthesize receivable and bank statements relating there- or compile any information just because an to; owner wishes to see it, but to the extent a re- cord exists, it would generally be available for serve fund or any other funds of the associa- the owners to inspect. “The association may not permit owners to inspect personnel, salary, and medical re- cords relating to specific individuals, unless of the association; contracts for work to be waived by the persons to whom such records performed for or services to be provided to relate; or information the disclosure of which the condominium; and would violate any law. “Additionally,” says Sandler, “the associa- tion may choose to withhold the following records: a. Contracts, leases, and other commercial would include matters regarding personnel transactions to purchase or provide goods or (i.e. employees of the condominium), person- services currently being negotiated; b. Existing or potential litigation or media- tion, arbitration or administrative proceed- ings; c. Existing or potential matters involving federal, state or local administrative or other d. Communications with the association’s attorney which are otherwise protected by the e. Records of an executive session of the f. Individual unit files other than those of “The association may charge a reasonable Matthew W. Gaines, a partner at the Condominium Practice Group and Real Estate Department of law firm Marcus, Em- mer, Errico & Brooks, which has offices in Massachusetts and New Hampshire According to Gaines: “Pursuant to Massa- chusetts General Law c. 183A, Section 10(c), an association is required to keep a complete copy of the following items: a. The master deed and any amendments; b. The bylaws and any amendments; c. The minute book, to the extent such d. Financial records, including the follow- ing: i. Records of all receipts and expenditures, ii. Records regarding the replacement re- tion and bank statements; iii. Audits, reviews, accounting statements, and financial reports relating to the finances iv. All current insurance policies of the as- sociation. “As for documents that owners are pro- hibited from seeing,” Gaines continues, “that al information (such as which accounts are delinquent in paying), and matters involving attorney/client privilege. “The records listed above must be avail-