§514B‑154 
Association records; availability; disposal; prohibitions.  (a)  The association's most current financial
statement shall be provided to any interested unit owner at no cost or on twenty-four-hour
loan, at a convenient location designated
by the board.  The meeting minutes of the board of directors, once
approved, for the current and prior year shall either:



(1)  Be available for examination by apartment owners
at no cost or on twenty-four-hour loan at a convenient location at the project,
to be determined by the board of directors; or



(2)  Be transmitted to any apartment owner making a
request for the minutes, by the board of directors, the managing agent, or the
association's representative, within fifteen days of receipt of the request;
provided that the minutes shall be transmitted by mail, electronic mail
transmission, or facsimile, by the means indicated by the owner, if the owner
indicated a preference at the time of the request; and provided further that
the owner shall pay a reasonable fee for administrative costs associated with
handling the request.



Costs incurred
by apartment owners pursuant to this subsection shall be subject to section
514B‑105(d).



(b) 
Financial statements, general ledgers, the accounts receivable ledger, accounts
payable ledgers, check ledgers, insurance policies, contracts, and invoices of
the association for the duration those records are kept by the association and
delinquencies of ninety days or more shall be available for examination by unit
owners at convenient hours at a place designated by the board; provided that:



(1)  The board may
require owners to furnish to the association a duly executed and acknowledged affidavit stating that the information
is requested in good faith for the protection of the interests of the
association, its members, or both; and



(2)  Owners shall
pay for administrative costs in excess of eight hours per year.



Copies of
these items shall be provided to any owner upon the owner's request; provided
that the owner pays a reasonable fee for duplication, postage, stationery, and
other administrative costs associated with handling the request.



(c)  After
any association meeting, and not earlier, unit owners shall be permitted to
examine proxies, tally sheets, ballots, owners' check-in lists, and the
certificate of election; provided that:



(1)  Owners shall
make a request to examine the documents within thirty days after the
association meeting;



(2)  The board may
require owners to furnish to the association a duly executed and acknowledged affidavit
stating that the information is requested in good faith for the protection of
the interest of the association or its members or both; and



(3)  Owners shall
pay for administrative costs in excess of eight hours per year.



If there
are no requests to examine proxies and ballots, the documents may be destroyed
thirty days after the association meeting.  If there are requests to examine
proxies and ballots, the documents shall be kept for an additional sixty days,
after which they may be destroyed.  Copies of tally sheets, owners' check-in
lists, and the certificates of election from the most recent association
meeting shall be provided to any owner upon the owner's request; provided that
the owner pays a reasonable fee for duplicating, postage, stationery, and other
administrative costs associated with handling the request.



(d)  The
managing agent shall provide copies of association records maintained pursuant
to this section and sections 514B‑152 and 514B‑153 to owners,
prospective purchasers and their prospective agents during normal business
hours, upon payment to the managing agent of a reasonable charge to defray any
administrative or duplicating costs.  If the project is not managed by a
managing agent, the foregoing requirements shall be undertaken by a person or
entity, if any, employed by the association, to whom this function is
delegated.



(e) 
Prior to the organization of
the association, any unit owner shall be entitled to inspect as well as receive
a copy of the management contract from the entity that manages the operation of
the property.



(f)  Owners
may file a written request with the board to examine other documents.  The
board shall give written authorization or written refusal with an explanation
of the refusal within thirty calendar days of receipt of the request.



(g)  An
association may comply with this part by making information available to unit
owners, at the option of each unit owner and at no cost to the unit owner for
downloading the information, through an internet site.



(h)  A
managing agent retained by one or more associations may dispose of the records
of any association which are more than five years old, except for tax records,
which shall be kept for seven years, without liability if the managing agent
first provides the board of the association affected with written notice of the
managing agent's intent to dispose of the records if not retrieved by the board
within sixty days, which notice shall include an itemized list of the records
proposed to be disposed.



(i)  No person
shall knowingly make any false certificate, entry, or memorandum upon any of
the books or records of any managing agent or association.  No person shall
knowingly alter, destroy, mutilate, or conceal any books or records of a
managing agent or association.



(j)  Any
fee charged to a member to obtain copies of association records under this
section shall be reasonable; provided that a reasonable fee shall include
administrative and duplicating costs and shall not exceed $1 per page, or
portion thereof, except the fee for pages exceeding eight and one-half inches
by fourteen inches may exceed $1 per page. [L 2004, c 164, pt of §2, am L 2005,
c 89, §2 and c 90, §2; am L 2006, c 273, §29; am L 2007, c 241, §2]