Overview

If you’ve ever asked your HOA for records and been ignored, stalled, overcharged, or handed a cherry-picked stack of documents with no explanation, you are not alone. Bad HOAs in California resist transparency, especially when homeowners start asking detailed questions about how money is being spent or how decisions are being made. The good news is that Civil Code 5200 gives homeowners powerful, enforceable rights to inspect and copy a surprisingly broad range of HOA records.

Civil Code 5200 does not give HOA boards discretion to decide whether you “deserve” to see documents. If the HOA has the records and they do not fall within a narrow statutory exception, you have the legal right to inspect and copy them. That includes financial records, contracts, invoices, meeting notices and minutes, insurance policies, reserve studies, election materials, and much more. You do not need to prove wrongdoing. You do not need to explain your motives. In almost every situation, you simply need to ask properly and follow the statute.

This Fact Sheet explains the scope of your inspection rights under Civil Code 5200, the basic deadlines HOAs must follow, the limited circumstances in which records may be withheld or redacted, and the enforcement tools available when an HOA refuses to comply. It also introduces the strategic framework that experienced California HOA lawyers use when issuing formal 5200 demands on behalf of homeowners.

If you want to know what your HOA is doing behind the scenes, where your assessment dollars are going, or whether your HOA board is complying with its legal duties, Civil Code 5200 is where you start.

For a deeper dive into this topic, see my article, “Forcing HOA Transparency: The Power of Civil Code § 5200 to Demand Records.” You might also want to watch an episode of my podcast, HOA HELL, titled “Your HOA’s Paper Trail: How to Use Civil Code § 5200 to Get Every Document You Need.” In addition to those two resources, please note that this is the first in an eight-part series on homeowners’ rights to inspect HOA documents under Civil Code 5200. The remaining Fact Sheets in the series are:

• “What HOA Documents Am I Legally Entitled to See in California?”
• “How Do I Write a 5200 Demand Letter to My California HOA?”
• “How Long Does My California HOA Have to Respond to a Records Request?”
• “Can My HOA Withhold or Black Out Documents?”
• “Can My HOA Charge Me for Copies of Records?”
• “What Do I Do If My California HOA Refuses to Give Me Records?”
• “Can My California HOA Deny Me the Membership List?”

Key Points

Civil Code 5200 gives California homeowners broad, enforceable rights to inspect and copy a wide range of HOA records, but those rights only work if you understand what the statute covers, how it operates, and how to respond if your HOA refuses to follow the law.

• Civil Code 5200 gives you the right to inspect and copy a broad range of HOA records. The statute covers records prepared, owned, used, relied on, or retained by the HOA in connection with its operations. This includes a wide variety of items, including financial documents, contracts, invoices, meeting notices and minutes, insurance policies, reserve studies, tax returns, election rules, and other operational records. If the document relates to how the HOA is governed or how it spends and collects money, it is almost certainly covered.
• You do not need to prove wrongdoing or provide a reason for your request. With one limited exception involving the membership list, you are not required to explain why you want the records. Civil Code 5200 does not condition your access on suspicion of fraud, mismanagement, or misconduct. Your status as a homeowner in the HOA is enough.
• Upon receipt of a valid 5200 demand, HOAs must comply with strict statutory deadlines. Civil Code 5200 and related provisions impose clear timelines for production: 5 business days for the membership list, 10 business days for current fiscal-year financial records, and 30 calendar days for most other categories of documents. An HOA board does not get extra time because it needs to “check with management,” “consult counsel,” or reorganize its files.
• HOAs may only withhold or redact records in narrow, defined circumstances. Civil Code 5215 permits limited redactions or withholding for privileged communications, certain disciplinary matters, and other specific categories protected by law. If an HOA withholds or redacts documents, and you request it, your HOA must identify what was withheld and state the statutory basis (Civil Code 5215(d)). General claims of “privacy” or “confidentiality” are not enough.
• Civil Code 5205 strictly limits what your HOA may charge you for producing records. An HOA may recover only its direct and actual copying and mailing costs and the direct cost of producing records in electronic form. It may charge up to $10 per hour, not to exceed $200 total, for time spent redacting enhanced association records. If the requested documents exist only in hard copy form and require physical retrieval and organization, the HOA may charge a reasonable fee for locating and making those paper records available. But the statute does not allow research time, legal review time, administrative overhead, manager “processing” fees, or vague search charges for documents that already exist in organized or electronic form. In other words, you HOA may not convert poor recordkeeping into a revenue stream designed to deter you from exercising your 5200 rights.
• Civil Code 5200 requests can expose serious governance problems. Access to bank statements, invoices, reimbursement requests, contracts, and reserve records often reveals patterns of overspending, favoritism, unexplained transfers, or failures to follow required procedures. For many homeowners, a properly structured records demand is the first step in uncovering retaliation, selective enforcement, or financial mismanagement.
• If your HOA refuses to comply, you can take them to court and make them pay dearly for it. Civil Code 5235 allows a homeowner to file a small claims suit, a writ petition, or a regular lawsuit to compel production of records, recover up to $500 per request, and recover attorneys’ fees and costs if the homeowner prevails. The $500 statutory penalty applies per document category demanded, not per letter (e.g., if you demand bank statements, general ledgers, reserve studies, and meeting minutes as separate line items, each may qualify as its own $500 penalty exposure). Importantly, the attorneys’ fees provision is not automatically two-way. If you prevail, the HOA must pay your fees. If the HOA prevails, it does not automatically recover its fees unless a court finds that your action was frivolous, unreasonable, or without foundation. That asymmetry significantly increases the leverage created by a properly drafted 5200 demand.
• Call the HOA lawyers at MBK Chapman if your HOA board violates your rights under 5200. If your HOA board ignores the law or plays games with your records request, call us at MBK Chapman, and we’ll set your HOA straight. Our attorneys are widely considered most experienced and well trained HOA lawyers in California.

Civil Code 5200 is one of the most powerful transparency tools available to California HOA members. When you understand the scope of your rights, the deadlines involved, and the enforcement mechanisms behind them, you shift the balance of power. HOAs count on homeowners not following through. The statute exists for those who do.

FAQs

About MBK Chapman Fact Sheets

Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.

At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.

Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.

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