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NEVER GO BROKE ASKING FOR RECORDS AGAIN

By Eric Glazer, Esq.

Published August 5, 2013

As our blog readers know, we worked real hard this year getting legislation passed that prevents owners from getting gouged when getting copies of the association's financial records.  Here's what the new statutes says:

For HOA's:

The association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of providing the member or his or her authorized representative with a copy of such records. The association may not charge a fee to a member or his or her authorized representative for such use of a portable device.

So here's my advice HOA owners……take photos of the records with your camera or phone.  You can't get charged for doing that.  The association can still charge you however if you want them to make the copies for you.  However, they can't charge you basically whatever they want to charge you like before the statute was amended this year.  Now the statute reads as follows:

The association may impose fees to cover the costs of providing copies of the official records, including, without limitation, the costs of copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds one-half hour and if the personnel costs do not exceed $20 per hour. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. The association may charge up to 25 cents per page for copies made on the association's photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service vendor or association management company personnel and may charge the actual cost of copying, as supported by the vendor invoice.

Again…….make the copies yourself with your camera or cell phone.  No fees.