Code 1365.2

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Civil code section 1365.2 – Davis Sterling act. Civil Code section 1365.2(b)(1) of the Davis-Stirling Act requires that the “association shall make available association records and enhanced association records for the time periods and within the timeframes provided” — not the board or the management company.

The law also allows the association to charge a fee of $10 per hour up to a maximum of $200 for supervision while the records are reviewed. Any other supervisory charge is paid by the association.

The homeowner also can be charged a reasonable fee for each document copied, usually no more than 10 cents a copy. That does not mean the association must charge those fees.

There is no need for detailing a list of documents — simply refer to Civil Code section 1365.2. Inform the association that you want to review all the records identified under that section, and demand that they be produced within the time frames stated in the Davis-Stirling Act, generally 10 days.

That is enough of a description to require the association to provide the records you request, especially if they involve the association’s attorney, who should understand the law or your demand.

A denial of your request could be deemed unreasonable, paving the way for you to file a Small Claims Court action against the association to obtain those documents. That same Civil Code section allows the court to award you costs and $500 for each request unreasonably denied.

In this case, involving the association’s attorney may only be a delaying tactic employed by the board and a waste of association funds. From the description, there are no privileged documents being requested. Therefore, referring your request to the association’s attorney appears frivolous and does not change the association’s statutory time for responding to your request.

As a titleholder, inspecting your homeowners association’s records is your right and possibly one of the best avenues available for protecting your assets. Providing documents for review is the board’s duty and the association’s obligation.

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