Q&A: Regarding Records

Q&A: Regarding Records

Q. As a condo association unit owner in Massachusetts, I have concerns about how my association’s financial records are maintained and whether funds are handled properly. What rights do I have to review or inspect the association’s books and records, and what is the process for requesting access? Is there a required format for the request? How much notice must be given, or is there a standard timeline that the association needs to follow? If they don’t respond, what are my options as a unit owner?

                    —Understanding My Rights

A. “You have strong rights here,” says Gina Desrochers, partner at Perkins & Anctil, PC in Westford, Massachusetts. “Section 10(c) of the Massachusetts Condominium Act (M.G.L. c. 183A) provides that all unit owners have the right to inspect and copy the books and records of the association. The Act requires that records be kept up-to-date and be available for reasonable inspection by any unit owner during regular business hours and at such other times as may be provided in the management agreement. That right includes photocopying the records at the requesting owner’s expense.

“The statute does not prescribe a specific form, notice period, or rigid deadline for inspection requests. As a general matter, records are typically made available for review and copying during regular business hours, upon reasonable notice, at the office of the trust or, if held by a manager, at the property manager’s office in Massachusetts. Owners often find that a dated written request specifying the records sought can help the process move more efficiently, though you may wish to confirm the specific requirements that apply to your situation with a qualified attorney. You may also want to review your governing documents to see if they contain any specific provisions regarding record requests or other materials to which you may be entitled.

“Separately, the Association must prepare an annual financial report within 120 days of fiscal year-end and distribute it to all owners within 30 days of completion.

“If your initial request doesn’t receive a timely response, a written follow-up to the board or property manager often resolves the matter. Should access still not be provided, you may wish to send a more formal written request referencing your inspection rights under the Act. As a last resort, consulting an attorney—and, if truly necessary, seeking relief in court—remains available, though most situations can be worked out cooperatively with the board.”

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