Getting Your New York HOA's Records

Because New York has no single HOA statute, the right to see your association's records depends on how the community is structured — but both the condominium and the not-for-profit frameworks give owners real tools. For your specific situation, a licensed New York attorney is the right resource. This is general information, not legal advice.

Where does a New York HOA owner's right to see records come from?

From New York's not-for-profit law, if the HOA is incorporated; the state has no single HOA statute. Under N-PCL § 621, a member of record for at least six months generally may examine member-meeting minutes and the member list on at least five days' written demand. Section 621(e-1) adds a right to review records of how HOA dues were spent.

Most New York HOAs are incorporated as not-for-profit corporations, so the N-PCL's inspection right applies. Under § 621, a member has "the right to examine in person or by agent or attorney, during usual business hours, its minutes of the proceedings of its members and list or record of members," "upon at least five days written demand." The right generally runs to a member who has "been a member of record … for at least six months immediately preceding his demand" (or to any person who holds, or is authorized in writing by the holders of, at least five percent of any class of the outstanding capital certificates).

Section 621 also requires financial disclosure: "the corporation shall provide to such member an annual balance sheet and profit and loss statement … for the preceding fiscal year," and the corporation is "allowed a reasonable time to prepare" it.

A 2017 amendment added a right specific to HOAs. Under § 621(e-1), "members of a homeowners association incorporated pursuant to the provisions of this chapter shall also be entitled to review, upon request to the homeowners association's governing board, invoices, ledgers, bank accounts, reconciliations, contracts, and any documents related to the expenditure of homeowners association dues." Paragraph (e-1) does not set a deadline for the board's response.

What records can a New York condo owner inspect?

At least the receipts and expenditures records. Under RPL § 339-w, the manager or board of managers must keep detailed, accurate, chronological records of the receipts and expenditures from operating the property, available for examination by unit owners at convenient weekday hours, and must give all unit owners a written report summarizing them at least once a year.

If you own a condominium, the Condominium Act adds its own records duty. Under RPL § 339-w, the manager or board of managers "shall keep detailed, accurate records, in chronological order, of the receipts and expenditures arising from the operation of the property," and those records "shall be available for examination by the unit owners at convenient hours of weekdays." The board must also render "[a] written report summarizing such receipts and expenditures … to all unit owners at least once annually."

What owners commonly request

People reviewing the association's records often look at:

• The annual balance sheet, profit-and-loss statement, and budget
• Member and board meeting minutes and notices
• The declaration, bylaws, rules, and (for co-ops) the proprietary lease
• Vendor contracts, bids, and bank records
• The assessment or common-charge ledger and any lien filings

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

For the recorded documents themselves

The recorded declaration and amendments are available from the county clerk (or, in New York City, the City Register through ACRIS). Because the recorded declaration created the community and any assessment-and-lien framework, it is often the first document owners obtain.

What people generally do

For owners seeking New York records, a few practical points:

• For an HOA, the written demand § 621(b) describes, made at least five days ahead, is the usual starting point; under § 621(c), the corporation may deny inspection to a member who refuses to furnish an affidavit that the inspection is not for a purpose outside the corporation's business and that the member has not, within five years, given, sold or offered for sale any corporation's list or record of members.
• For an HOA incorporated under the N-PCL, § 621(e-1) adds a request to the board for invoices, ledgers, bank accounts, contracts, and other records of how dues were spent.
• For a condo, the § 339-w receipts-and-expenditures records and the annual report are open to examination.
• Keeping a copy of the demand and any response is common practice.
• If a proper demand is refused, a licensed New York attorney is the resource, since the N-PCL also allows a court to compel inspection.

Sources

• N.Y. Not-for-Profit Corporation Law § 621 — Books and records; right of inspection
• N.Y. Real Property Law § 339-w — Records (Condominium Act)