§421J-7  Documents of the association. (a)  Association documents, the most current financial statement of theassociation, and the minutes of the most recent meeting of the board ofdirectors (other than minutes of executive sessions) shall be made availablefor examination by any member at no cost, on twenty-four-hour loan or duringreasonable hours.

(b)  The minutes of board meetings other thanexecutive sessions, once approved, for the current and prior year shall be:

(1)  Available for examination by any member at nocost or on twenty-four-hour loan; or

(2)  Transmitted to any member requesting copies ofthe minutes, by the board, the managing agent, or the association'srepresentative, within a reasonable period of time from receipt of the request;provided that:

(A)  The minutes shall be transmitted by mail,electronic mail transmission, or facsimile, as requested by the member, if themember indicates a preference at the time of the request; and

(B)  Reasonable costs of duplication, postage,stationery, and other administrative costs associated with handling the requestshall be borne by the requesting member; and

(3)  Maintained by the association for at least fiveyears.

(c)  Financial statements, general ledgers,accounts receivable ledgers, accounts payable ledgers, check ledgers, insurancepolicies, contracts, invoices of the association for the duration those recordsare kept by the association, and any documents regarding delinquencies ofninety days or more shall be made available for examination by members atreasonable hours at a location designated by the board; provided that membersshall pay for all costs associated with the examination of these documents. The board may require members to furnish the association with an affidavit statingthat the foregoing information is requested in good faith for the protection ofthe interests of the association, its members, or both.  Copies of thesedocuments shall be provided to any member upon the member's request if themember pays a reasonable fee for duplication, postage, stationery, and otheradministrative costs associated with handling the request.

(d)  Members may view proxies, tally sheets,ballots, members' check-in lists, and the certificates of election, if any, fora period of thirty days following any association meeting; provided thatmembers may be charged for any costs associated with the examination of thedocuments.  The board may require members to furnish to the association anaffidavit stating that the foregoing information is requested in good faith forthe protection of the interests of the association, its members, or both. Proxies and ballots may be destroyed following the thirty-day period.  Copiesof tally sheets, members' check-in lists, and the certificates of election fromthe most recent association meeting shall be provided to any member upon themember's request if the member pays a reasonable fee for duplication, postage,stationery, and other administrative costs associated with handling therequest.

(e)  Members may file a written request withthe board to examine other documents of the association.  The board shall givewritten authorization, or written refusal with an explanation of the refusal,for the examination within sixty calendar days of receipt of the request.  Theboard may condition its approval of any such request upon payment of reasonablefees.  Without limitation, books and records kept by or on behalf of anassociation may be withheld from inspection and copying to the extent that theyconcern:

(1)  Personnel records;

(2)  An individual's medical records;

(3)  Records relating to business transactions thatare currently in negotiation;

(4)  Communications that are privileged because ofattorney-client privilege or any other applicable privilege of the association;

(5)  Complaints against an individual member of theassociation;

(6)  Any records, the release of which could be aviolation of any law, ordinance, rule, or regulation; or

(7)  Similar records. [L 1997, c 132, pt of §1; am L2006, c 312, §3]