Charging for Records Inspection in Maryland HOA

Question:

My daughter lives where there’s an HOA and it seems like they keep upping the fees and on top of it adding extra fees and now they want to make them pay extra next month for a mailbox. But she asked to look at what were all the money is going to. and they said the only way she could do that is if she paid $100 upfront and money for each print out of it is that legal because I live where was hoa. And they had to provide the info where money was going when asked to see it. To me this is a loop hole to stop the people in that hoa Community from see where the money is going. This hoa is in Edgewood , Md.

– Karen

 

Answer:

Hi Karen,

According to the Maryland Homeowners Association Act §11B–112:

” (a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, all books and records kept by or on behalf of the homeowners association shall be made available for examination or copying, or both, by a lot owner, a lot owner’s mortgagee, or their respective duly authorized agents or attorneys, during normal business hours, and after reasonable notice.

(ii) Books and records required to be made available under subparagraph (i) of this paragraph shall first be made available to a lot owner no later than 15 business days after a lot is conveyed by the declarant and the lot owner requests to examine or copy the books and records.

(iii) If a lot owner requests in writing a copy of financial statements of the homeowners association or the minutes of a meeting of the governing body of the homeowners association to be delivered, the governing body of the homeowners association shall compile and send the requested information by mail, electronic transmission, or personal delivery:

1. Within 21 days after receipt of the written request, if the financial statements or minutes were prepared within the 3 years immediately preceding receipt of the request; or

2. Within 45 days after receipt of the written request, if the financial statements or minutes were prepared more than 3 years before receipt of the request.”

As for the charge, the same section dictates:

” (b) (1) Except for a reasonable charge imposed on a person desiring to review or copy the books and records or who requests delivery of information, the homeowners association may not impose any charges under this section.

(2) A charge imposed under paragraph (1) of this subsection for copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of the Courts Article.”

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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