HOA Records Which Must Be Withheld from Production

As we continue on our journey to prepare managers, management companies and HOA boards to comply with the HOA records bill (“HB 1237”) which will become effective on January 1, 2013, let’s review what we have covered thus far. In our first blog entry, we covered the records that HOAs will be required to maintain and produce to owners upon request. In our second blog entry, we covered the records that HOAs may withhold from inspection and copying by owners. Today we will cover the small category or records which HOAs are required to withhold from production and inspection by owners. 

The following records maintained by an HOA are not subject to inspection and copying, and must be withheld, to the extent they are or concern:


●Personnel, salary, or medical records relating to specific individuals; or

●Personal identification and account information of members, including bank account information, telephone numbers, electronic mail addresses, driver’s license numbers, and social security numbers.


Since these categories of records, which address privacy concerns, must be withheld from production and inspection by owners – managers, management companies and HOA boards should begin planning now for how these types records will segregated to ensure they are not produced to owners.   


Continue to stay tuned this week for blog entries on HB 1237 relating to: (1) restrictions on the use of membership lists; (2) procedures for owners to request records; and (3) what associations may charge owners for producing records.