125. My HOA Board won’t let me see the minutes, can they do that?

HOA Members upon request1 have the absolute right to read, copy and save for their own reference current and past minutes of your HOA. 

In 2011 the Circuit Court of Jefferson County, West Virginia The Court found guidance as to what records a member of an HOA should be allowed to review from West Virginia Code §31E-15-1502 and §36B provided the following named list of documents that should be available for inspection:

    Annual financial statements, including the last completed audit, review and/or compilation
    Current balance sheet and Income statement
    Only names and addresses are required, no telephone numbers or e-mail addresses
  • GOVERNING DOCUMENTS: [unique to each individual WV HOA]
    HOA’s Articles of Incorporation
    HOA’s Bylaws and all amendments
    HOA’s rules, regulation policies and procedures pertaining to enforcement, assessment collection or architectural control
  • Approved MINUTES:
    All meetings of the Members and Directors
    All decisions made at Member’s meetings and Board meetings
    All minutes and a record of all actions taken by the Members or Board of Directors without a meeting
    Records of all actions taken by a committee of the Board of Directors on behalf of the corporation
    Adopted by the Board of Directors relating to the characteristics, qualifications, rights, limitations and obligations of Members
    A list of the names and addresses of the HOA’s current directors and officers

The HOA has ten (10) business days to fulfill a request by an owner [Member] to view records or to provide a written response as to why the request will not be granted; the HOA may not charge a Member or any person designated by the Member in writing for making records available for review, even if the HOA must spend money to prepare the records for review by the Member; and if a Member or his representative requests copies of documents, the HOA must provide copies of the requested records within ten (10) business days. The HOA may charge a fee for making copies of not more than fifteen cents per page.

Source: Civil Action #11-C-75 Entered October 18, 2011


All You Have To Do Is Ask
by WVOHOA 2023