Getting Your HOA's Records in Nebraska

When a Nebraska board won't explain where the money goes, the records usually hold the answer. Where your records rights come from depends on whether your community is a condominium or a non-condominium HOA, and whether the association is incorporated. For your specific situation, a licensed Nebraska attorney is the right resource. This is general information, not legal advice.

What records can a Nebraska condo owner inspect?

All financial and other records. Under Neb. Rev. Stat. § 76-876, a Nebraska condominium association must keep financial records and make all financial and other records reasonably available for examination by any unit owner and the owner's authorized agents. The statute sets no deadline, and under § 76-826(a) it also reaches pre-1984 condominiums for events after January 1, 1984.

For condominiums, the Nebraska Condominium Act requires the association to keep financial records and provides that "All financial and other records of the association shall be made reasonably available for examination by any unit owner and his or her authorized agents" (§76-876). The statute sets no deadline. Under §76-826(a), the section also reaches condominiums created before 1984, for events after January 1, 1984.

Do non-condo HOAs have to let owners see records in Nebraska?

It depends on incorporation and the bylaws. For non-condominium HOAs, the principal framework is the Nonprofit Corporation Act: under Neb. Rev. Stat. § 21-19,166(a), a member of an incorporated HOA may inspect and copy core records, including the articles, bylaws, and financial statements sent to members, on written notice or demand given at least five business days ahead.

Most non-condominium HOAs are incorporated as nonprofits under the Nebraska Nonprofit Corporation Act. Under §21-19,166(a), a member may inspect and copy the core records listed in §21-19,165(e) — including the articles, bylaws, recent member-meeting minutes, and financial statements sent to members — "if the member gives the corporation written notice or a written demand at least five business days before the date on which the member wishes to inspect and copy." Accounting records and the membership list also require a demand made "in good faith and for a proper purpose" (§21-19,166(c)). For HOAs that aren't condominiums, this is the principal records framework, alongside whatever the bylaws provide.

What owners commonly request

People reviewing the association's books often look at:

• The annual budget, reserves, and financial statements
• Bank statements and vendor contracts
• The declaration, bylaws, adopted rules, and any fine schedule
• Board and member meeting minutes and notices
• The current statement of any assessment against the unit

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

For the recorded documents themselves

The recorded declaration is always available from the register of deeds for the county. The bylaws, adopted rules, and fine schedule may or may not be recorded — those typically come from the association under the Condominium Act (for condos) or the Nonprofit Corporation Act (for incorporated HOAs).

If records are withheld

Owners commonly put requests in writing (keeping a dated copy), name the records specifically, and consult a licensed Nebraska attorney about an unresolved refusal — under §76-876 for condominiums, or the Nonprofit Corporation Act for incorporated HOAs.

Sources

• Neb. Rev. Stat. §76-876 — Association records
• Neb. Rev. Stat. §76-826 — Sections, applicability (Nebraska Condominium Act)
• Neb. Rev. Stat. §21-19,165 — Corporate records
• Neb. Rev. Stat. §21-19,166 — Inspection of records by members