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NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -JULY 2019 17 185 Devonshire Street, Suite 401, Boston, MA 02110 Quality Representation at Reasonable Rates. (617) 988-0633 Contact Attorney Frank Flynn: FRANK@FLYNNLAW-NE.COM Flynn_E4C.qxp:Layout 1 12/8/14 2:30 PM Page 1 able for the reasonable inspection by a unit- owner during regular business hours, and at such other times as may be provided by the form that permits preparation of a list of the property manager. Access to said records in- cludes the right to photocopy the records at at which the association communicates with the unit owner’s expense. The records should them, in alphabetical order and showing the be retained for a period of at least seven years.” Finally, says Gaines, “the Massachusetts to cast; Condominium Act is silent as to consequenc- es if a board fails to provide access to these ganizational documents and bylaws and all records. While legislation has been filed in amendments to them and all rules currently the past to add some teeth to the statute in the in effect; event a board refuses to provide access, that legislation did not pass.” Joseph G. Carleton, Jr., Of Counsel with Jensen Baird Gardner & Henry in Portland, Maine “Maine has extensive disclosure require- ments benefiting unit owners, taken from to the Secretary of State; the Uniform Common Interest Ownership Act and incorporated into Maine law,” says detailed to enable the association to comply Carleton. “I think it’s fair to say that the broad with section 1604-108; reach of this law has made boards and man- agers uncomfortable at times. I think that is a party; simply quoting the statute will answer most people’s questions. “According to §1603-118 of the Maine for design or architectural approval from unit Condominium Act on Association Records, owners; and an association must retain the following: 1. Records of receipts and expenditures lated to voting by unit owners for one year affecting the operation and administration after the election, action or vote to which they of the association and other appropriate ac- counting records for the past 6 years; 2. Minutes of all meetings of its unit own- ers and executive board other than executive an association must be available for examina- sessions, a record of all actions taken by the tion and copying by a unit owner or the unit unit owners or executive board without a owner’s authorized agent during reasonable meeting and a record of all actions taken by a business hours or at a mutually convenient committee in place of the executive board on time and location; and upon 10 days’ notice behalf of the association; 3. The names of current unit owners in a names of all unit owners and the addresses number of votes each unit owner is entitled 4. Copies of its original or restated or- 5. All financial statements and tax returns of the association for the past 3 years; 6. A list of the names and addresses of its current executive board members and offi- cers; \[2011, c. 368, §8 (NEW).\] 7. Its most recent annual report delivered 8. Financial and other records sufficiently 9. Copies of current contracts to which it 10. Records of executive board or commit- tee actions to approve or deny any requests 11. Ballots, proxies and other records re- relate. Carleton goes on to say that “(b) Subject to subsections (c) and (d), all records retained by in writing reasonably identifying the specific records of the association requested. Records retained by an association may be withheld from inspection and copying to the extent that they concern: 1. Personnel, salary and medical records relating to specific individuals; 2. Contracts, leases and other commercial transactions to purchase or provide goods or services currently being negotiated; 3. Existing or potential litigation or media- tion, arbitration or administrative proceed- ings; 4. Existing or potential matters involving federal, state or local administrative or other formal proceedings before a governmental tribunal for enforcement of the declaration, bylaws or rules; 5. Communications with the association’s attorney that are otherwise protected by the attorney-client privilege or the attorney work- product doctrine; 6. Information the disclosure of which would violate law other than this Act; 7. Records of an executive session of the executive board; or 8. Individual unit files other than those of the requesting unit owner. “An association may charge a reasonable fee for providing copies of any records under this section and for supervising the unit own- er’s inspection,” Carleton continues. “A ‘right to copy records’ under this section includes the right to receive copies by photocopying or other means, including copies through an electronic transmission if available upon re- quest by the unit owner. “An association is not obligated to com- pile or synthesize information, and informa- tion provided pursuant to this section may not be used for commercial purposes or any other purpose not reasonably related to the management of the association or the duties, rights or responsibilities of unit owners, offi- cers or executive board members under this Act or the association’s governing documents. “The Maine Nonprofit Corporation Act, Title 13-B,” Carleton adds, “also provides for penalties in case of failure to provide records, but the application of this requirement to the above requirements of the Maine Condomin- ium Act is uncertain.” The takeaway from these various experts is – whether you live in a co-op, condo, or HOA – know your own rights, as well as the rights of the residents you govern when it comes to accessing documents and information about your community. Keeping things transparent not only keeps you on the right side of the law, but also fosters faith in and respect for all the work the board does to keep the building or association running smoothly. n Mike Odenthal is a staff writer/reporter for New England Condominium.