Condo Associations and Washington DC Condominium law

What limitations and requirements apply to a unit owner’s request for copies of association records?

This article provides a general overview of the Washington DC Condominium law on records disclosure to unit owners (i.e., DC Condo Act § 42-1903.14). The article summarizes limitations and requirements that apply to a unit owner’s request to examine and copy the association’s books and records.

In the District of Columbia (“Washington DC”) a unit owner has a right to right to examine and copy the “books and records” of a unit owners’ association (“condominium association”). This includes documents such as financial statements, budgets, meeting minutes, contracts, and other records related to the operation and management of the condominium. The right of “examination and copying” is created by statute and may also be affected by procedures in the association’s governing documents.

Typically, a request to examine and copy records (a “records request”) will be made in writing by a unit owner or their attorney. In many cases a unit owner will simply request a copies of specific documents. When such requests are made, a condominium association must inform itself of applicable legal disclosure obligations and procedural requirements.

Good Standing:

To be eligible to make a records request, a unit owner must be in “good standing.” To be in “good standing” a unit owner must not be delinquent in their assessments for more than 30 days or in violations of the association’s condominium instruments, including the condominium’s bylaws, covenants, rules, and regulations. DC Condo Act § 42-1901.02(32).

Proper Purpose:

The records request must be made “for a proper purpose related to the owner’s membership in the association, and not for pecuniary gain, commercial solicitation, or another purpose unrelated to membership in the association.” DC Condo Act § 42-1903.14(b).

Payment of Actual Costs:

A condominium association may charge the requesting unit owner a fee to cover the costs of providing access to, and copies of, the requests books and records. However, the fee should not be excessive and must reflect “the actual costs of materials and labor” incurred. This fee may be collected in advance, “before providing copies of any books or records.” DC Condo Act § 42-1903.14(d).

Timing for Examination

A unit owner’s right to examine records in person “may be exercised only during reasonable hours on business days.” DC Condo Act § 42-1903.14(b).

Exceptions for Sensitive or Privileged Documents

A unit owner’s right to examine and copy association records has limitations when it comes confidential, privileged or otherwise sensitive materials. Condominium associations in Washington DC may withhold from examination or copying any books and records that concern the following:

Personnel matters relating to specific, identified persons who work for the association, including their medical records.
Contracts, leases, and other commercial transactions that are in the process of being negotiated.
Pending litigation or anticipated litigation where there has been a specific threat of litigation from a party or the legal counsel of a party.
Matters involving state or local administrative or other formal proceedings before a government tribunal for enforcement of the condominium instruments or rules and regulations promulgated by the board of directors.
Communications with legal counsel.
Disclosure of information where the disclosure would be a violation of applicable law.
Minutes or other records of an executive session of the board of directors.
Documentation, correspondence, management, or reports compiled for or on behalf of the condominium association board of directors by its agents or committees for consideration by the board in executive session.
Individual unit owner member files, unless they are the files of the requesting unit owner.

Note on Meaning of Executive Session. Items 7. and 8. above refer to “executive session.” In Washington DC, an executive session for a condominium association generally refers to a private meeting held by the board of directors (a “closed session”) to discuss sensitive or confidential matters that require privacy, such as legal issues, personnel matters, contract negotiations, delinquent assessments, and other such topics that the board determines should not be discussed in a public forum and which fall within the categories set forth in the Washington DC condominium executive session law (i.e., DC Condo Act § 42-1903.03(5)). By holding an executive session, the board can address these matters without public scrutiny and maintain confidentiality.

Exception for Draft Documents

Draft documents that have not yet been finalized and incorporated into the association’s books and records “may be withheld from examination or copying by unit owners and their agents.” DC Condo Act § 42-1903.14(c)(1).

Additional Requirements in Governing Documents:

It is important to note that specific requirements and procedures for accessing records may be outlined in the condominium’s governing documents, such as the bylaws or rules and regulations. These additional requirements may include how the records request must be made, as well as the amount of advanced notice that must be given and the permissible response time. Thus, whenever a request to examine records is made, it is advisable for the community manager and board members to review these documents and consult with a Washington DC Condominium law attorney if there are any questions or disputes regarding access to books and records.