14. Our HOA has a management company and they will not give me a copy of the minutes. How can I obtain the minutes of HOA meetings?

We are assuming your HOA has been completed, and your developer has transferred the common area deed to you, the homeowners.

  1. WV HOAs must file as a corporation with the WV Secretary of State
  2. State law is quite clear West Virginia Code Chapter 31E-15-1501 regarding what documents and information you are entitled to request from your HOA Board of Directors.  Minutes of meetings are listed as one of the many documents homeowners can request.

Remember –  a management company, like any other contractor for an HOA, works for the Board, not the members.  Unless an HOA directly hires employees and pays into unemployment and posts labor bonds, HOAs do not have employees.  The Board is responsible for the actions of the contractors, including the management company.  By the same token, management companies should freely share non-privileged information, but they cannot force the Board to respond. 

The following rule is typical in most HOA governing documents: (not all governing documents are the same)

The Executive Board shall permit any unit Owner to inspect the minutes of Executive Board meetings during normal business hours. The minutes shall be available for inspection within fifteen (15) days [number of days are relative to the particular HOA and must be reasonable] after any such meeting.