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. State law is quite clear West Virginia Code Chapters §31E-15-1501, §36B-3-118 and §36B-4-109 regarding what documents and information you are entitled to request from your HOA Board of Directors to read, copy and/or retain.  Minutes of meetings are listed as one of the many documents homeowners can request.
  2. Access to HOA minutes/records: WV 2011 Civil Action #11-C-75 pages 10 & 11

Remember –  a management company, like any other contractor for an HOA, agree to the job requirements contracted by the Board of Directors.  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 n number (N) days [number of days are relative to the particular HOA and must be reasonable] after any such meeting.