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Association Directors Have Greater (But Not Unlimited) Inspection Rights Than the Members

by | May 11, 2015 | Books and Records

The directors of a homeowners association (“Association” ) have greater rights relative to the inspection of the Association’s books, records, and properties then the rights of the Association’s owner/members. The actual scope of inspection rights is contained in state statutes and the Association’s governing documents (typically the bylaws), so dealing with issues relative to the exercise of a director’s inspection rights should begin with getting a clear understanding of what the extent of those rights are by reviewing all relevant provisions contained in the Association’s governing documents and the statutes of the state in which the Association is located.

In general, each director of an Association has an absolute right to inspect and copy all books, records, and documents of every kind and to inspect the physical properties of the Association at any reasonable time. Because an Association’s directors have fiduciary obligations to perform their duties in good faith and…

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