If you live in an Ohio condominium or homeowner’s association (HOA) you are part of a community that is governed by laws, regulations, bylaws, and a board of directors. The board of directors handles everything from budgets to maintenance decisions to what kind of decorations you can put up at Halloween. These decisions are made by the association’s board, but they are not meant to happen behind closed doors.
Ohio law gives association members/property owners the right to access many of the records the board keeps which helps ensure both transparency and accountability.
Regardless of if you are curious about how your association spends assessment funds, you want to review meeting minutes or simply wish to better understand your community’s rules, it is imperative to know what records you are entitled to see and what information the board can legally withhold.
From where your rights come
Under the Ohio Revised Code, two different laws protect your ability to see association records: The Condominium Property Act (O.R.C. 5311.091) and the Planned Community Law (O.R.C. 5312.07). While these laws are worded differently, the idea is the same: you, as a member of these organizations, have the right to look at the records your association keeps. However, these laws also allow the board to set reasonable rules around how you can inspect records such as by scheduling a time during regular business hours or charging a fee for copies.
What are you entitled to see (and what you are not)
Generally, a resident in a community governed by an association can review documents that show how the community is being run and how money is being spent. This includes financial statements, budgets, and records of assessments collected and bills paid. Further, meeting minutes are open for inspection once they have been approved as well as the community’s governing documents such as their declaration, bylaws, and any rules or regulations that the board has adopted. Generally, contracts with service providers like insurance carriers, maintenance crews, and landscaping companies are also fair game.
However, your ability to view your Associations records are limited. Boards are entitled to keep certain information confidential. Residents in an Association cannot review personnel files for employees, communications with the association’s attorney, or documents tied to ongoing contract negotiations. Records about enforcement actions against other owners are also off -limits (unless explicitly allowed by the by-laws). Finally, a resident cannot demand records older than five years. These restrictions exist to protect privacy, preserve legal strategy, and to avoid undermining the association’s business dealings.
How to appropriately request records
In Ohio, the governing documents of the Association will explain exactly how to make a request for records. Most Associations require requests to be made in writing, but even if they don’t, it t is best practice to put your request in writing and be as specific as possible as to what you are asking for. Association Boards are allowed to set reasonable procedures for access, so you have to be prepared to work within their scheduling guidelines and to cover any costs associated with copying costs.
In most cases, Boards will comply. However, if your request is denied you can follow up by referencing the specific sections of Ohio law that applies to your community. If they still refuse, consult an attorney for assistance and to understand your options.
What if the board refuses to provide records?
If the board won’t provide records, the first step is usually a written reminder of what Ohio law, or your governing documents, require. In many cases, that is enough to encourage compliance. If the refusal continues, owners may have no choice but to seek legal help.
When it comes to recovering attorney fees, Ohio courts follow what is known as the American Rule: each side pays its own legal cost. The only exceptions are when the association’s governing documents specifically allow fee recovery or when the court finds that the board acted in bad faith. Without one of those clear bases, even a successful records request lawsuit will leave an owner responsible for their own legal expenses.
Conclusion
Transparency in recordkeeping is not just a legal requirement, but it is an important part of keeping an association thriving. Having access to these documents allows residents, like you, to understand how decisions are made, how funds are managed, and if your association is complying with their own rules. It also keeps the board accountable to the people it serves: the owners.
