Getting Your Ohio HOA's Records

Ohio's Planned Community Act gives homeowners a direct, statutory right to inspect their association's records. There are limits, but the right is real. For your specific situation, a licensed Ohio attorney is the right resource. This is general information, not legal advice.

What records can I get from my HOA in Ohio?

Generally, the association's books, records and minutes. Under ORC § 5312.07, any owner may examine and copy them, subject to reasonable standards in the declaration, bylaws or board rules, which may cover the type of documents, inspection times and locations, and a reasonable copying fee. A five-year limit and other exceptions apply unless the board approves.

Section 5312.07 of the Planned Community Act provides that "[a]ny owner may examine and copy the books, records, and minutes of the owners association." The access is "pursuant to reasonable standards set forth in the declaration, bylaws, or rules the board promulgates", which may cover the type of documents, the times and locations for inspection, and a reasonable copying fee. The right has been in the Act since its original 2010 version; Senate Bill 61 (effective September 13, 2022) added the five-year limit now in § 5312.07(B)(1).

What records can an Ohio HOA withhold?

Records more than five years old and five categories of information, unless the board approves. Under ORC § 5312.07(B), the categories are property-related personnel matters, attorney-client communications and work product, contracts under negotiation or with confidentiality requirements, enforcement of the declaration, bylaws or rules against other owners, and information whose disclosure state or federal law prohibits.

Section 5312.07(B) lists what an owner may not examine or copy "[u]nless approved by the board of directors". First, records that date back more than five years prior to the request. Second, records within that window that contain any of five categories of information:

• Records pertaining to property-related personnel matters
• Attorney-client communications and attorney work product relating to potential, threatened, or pending litigation, or other property-related matters
• Information about contracts or transactions currently under negotiation, or information in a contract or agreement containing confidentiality requirements
• Records relating to the enforcement of the declaration, bylaws, or rules of the owners association against other owners
• Information whose disclosure is prohibited by state or federal law

The enforcement-records carve-out is narrower than it may sound: it covers information about enforcement of the declaration, bylaws, or rules "against other owners". Records of how the association has handled other owners' violations are off-limits unless the board approves, while communications with legal counsel about "potential, threatened or pending litigation" fall under a separate category.

What owners commonly request

People reviewing the association's books often look at:

• Annual budgets, reserve studies, and financial statements
• Bank statements and vendor contracts
• The declaration, bylaws, adopted rules, and the fine schedule
• Board and member meeting minutes and notices
• Assessment statements for the lot

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

If records are withheld

The Planned Community Act lets the association be sued as a separate legal entity over any duty the statute imposes on it (§ 5312.14). Owners commonly put requests in writing, reference § 5312.07 by name, ask the board to identify any specific withholding ground for each category of document denied, and consult a licensed Ohio attorney if the refusal appears unjustified.

Sources

• ORC § 5312.07 — Ohio Planned Community Act, records
• ORC § 5312.14 — Association may sue or be sued
• ORC ch. 5312 — Ohio Planned Community Act