33-2209. Financial and other records

A. Except as provided in this section and section 33-2210, any owner or any person designated by the owner in writing as the owner's representative may inspect and copy all financial and other records of the association or other managing entity that are directly related to the timeshare plan at the location where such records are normally kept, or at another location reasonably specified by the association or other managing entity, during normal business hours.

B. An owner may inspect and copy the records identified in subsection A of this section only if the following conditions are met:

1. The owner's request is in writing and is received by the managing entity in care of the person and at the address designated by the managing entity for receipt of such requests.

2. The owner's written request is made in good faith and for a proper purpose.

3. The owner's written request describes with reasonable particularity the owner's purpose and the records the owner desires to inspect.

4. The records are directly connected with the owner's purpose.

5. The owner agrees in writing not to use the records for any purpose other than the purpose described in the written request.

C. The board of the association or other managing entity is responsible for determining the appropriateness of any owner request under this section, and shall provide a written response within thirty days after receipt of the request. If the owner's request includes copies pursuant to subsection E of this section, the copies shall be provided within thirty days after the later of the board's or other managing entity's determination under this subsection or the owner making suitable financial arrangements pursuant to subsection E of this section.

D. This section does not affect either:

1. Inspection of records under section 10-3720, if applicable, or, if the owner is in litigation with the association or other managing entity, inspection of records to the same extent as any other litigant.

2. The power of a court, independently of this chapter, to compel the production of records for examination on proof by an owner of proper purpose.

E. A request to copy records under this section includes, if reasonable, receiving copies made by photographic, xerographic or other means. The association or other managing entity may impose a reasonable charge covering the cost of labor and materials for copies of any documents provided to the owner or the owner's representative. The charge shall not exceed the estimated cost of production or reproduction of the records.

F. In addition to subsection B of this section, books and records kept by or on behalf of the association and the board or other managing entity may be withheld from disclosure to the extent that the portion withheld relates to any of the following:

1. Privileged communication between an attorney for the association or other managing entity and the association or managing entity.

2. Pending or contemplated litigation.

3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-2208.

4. Personal, health and financial records of an individual owner, an individual employee of the association or managing entity or an individual employee of a contractor of the association or managing entity.

5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or managing entity or an individual employee of a contractor of the association or managing entity who works under the direction of the association or managing entity.

G. The association or other managing entity shall not be required to disclose financial and other records of the association or other managing entity if disclosure would violate any state or federal law.

H. The timeshare instrument may provide for greater access of owners to records of the association or other managing entity.

33-2209. Financial and other records

A. Except as provided in this section and section 33-2210, any owner or any person designated by the owner in writing as the owner's representative may inspect and copy all financial and other records of the association or other managing entity that are directly related to the timeshare plan at the location where such records are normally kept, or at another location reasonably specified by the association or other managing entity, during normal business hours.

B. An owner may inspect and copy the records identified in subsection A of this section only if the following conditions are met:

1. The owner's request is in writing and is received by the managing entity in care of the person and at the address designated by the managing entity for receipt of such requests.

2. The owner's written request is made in good faith and for a proper purpose.

3. The owner's written request describes with reasonable particularity the owner's purpose and the records the owner desires to inspect.

4. The records are directly connected with the owner's purpose.

5. The owner agrees in writing not to use the records for any purpose other than the purpose described in the written request.

C. The board of the association or other managing entity is responsible for determining the appropriateness of any owner request under this section, and shall provide a written response within thirty days after receipt of the request. If the owner's request includes copies pursuant to subsection E of this section, the copies shall be provided within thirty days after the later of the board's or other managing entity's determination under this subsection or the owner making suitable financial arrangements pursuant to subsection E of this section.

D. This section does not affect either:

1. Inspection of records under section 10-3720, if applicable, or, if the owner is in litigation with the association or other managing entity, inspection of records to the same extent as any other litigant.

2. The power of a court, independently of this chapter, to compel the production of records for examination on proof by an owner of proper purpose.

E. A request to copy records under this section includes, if reasonable, receiving copies made by photographic, xerographic or other means. The association or other managing entity may impose a reasonable charge covering the cost of labor and materials for copies of any documents provided to the owner or the owner's representative. The charge shall not exceed the estimated cost of production or reproduction of the records.

F. In addition to subsection B of this section, books and records kept by or on behalf of the association and the board or other managing entity may be withheld from disclosure to the extent that the portion withheld relates to any of the following:

1. Privileged communication between an attorney for the association or other managing entity and the association or managing entity.

2. Pending or contemplated litigation.

3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-2208.

4. Personal, health and financial records of an individual owner, an individual employee of the association or managing entity or an individual employee of a contractor of the association or managing entity.

5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or managing entity or an individual employee of a contractor of the association or managing entity who works under the direction of the association or managing entity.

G. The association or other managing entity shall not be required to disclose financial and other records of the association or other managing entity if disclosure would violate any state or federal law.

H. The timeshare instrument may provide for greater access of owners to records of the association or other managing entity.