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.
For
Condominiums the statute reads:
An
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 the association's providing
the member or his or her authorized representative with
a copy of such records. The association may not charge a member
or his or her authorized representative for the use of a
portable device.
In
terms of the association charging for making the copies, the
association may still charge a "reasonable expense."
Therefore, use the technology that you carry around in
your pocket, on your hip or in your bag to your advantage and
take photos of the records yourself.
With technology improving and multiplying each year, look
for additional changes to the statutes in the future that
incorporates these advancements.
How
about allowing board interviews of prospective owners or tenants
by SKYPE or by video conference?
Any other suggestions?
