Forcing HOA Transparency: The Power of Civil Code § 5200 to Demand Records

OVERVIEW

If you’ve ever asked your HOA for records and been ignored, stalled, overcharged, or gaslit—you’re not alone. Most HOAs don’t comply with Civil Code section 5200 voluntarily. They hide behind excuses. They pretend not to understand the request. They demand outrageous fees. And sometimes, they simply stonewall.

Then, when that gets old, the board claims that they’ll “check with management,” promises a follow-up, then vanishes. Or, if they do respond, it’s often with a cherry-picked handful of documents, a bloated invoice, and a bunch of redactions they never explain.

California’s Civil Code section 5200 gives homeowners powerful access rights. The law is detailed, enforceable, and loaded with real penalties when HOAs don’t comply. But the statute only works if you use it correctly—and most homeowners don’t.

Imagine what they’ll do when they’re faced with a homeowner who knows the rules—and is ready to enforce them?

This article is based on an episode of the HOA HELL podcast, hosted by the author, Michael Kushner. That episode—titled “Your HOA’s Paper Trail: How to Use Civil Code § 5200 to Get Every Document You Need”—walks California homeowners through a powerful (and most overlooked) transparency tool in the Davis-Stirling Act. This article expands on the points discussed in that episode and draws from the types of real-world statutory demands we regularly issue on behalf of clients.

It will show you how to use California’s HOA document disclosure laws to force transparency, compel compliance, hold your HOA legally accountable, and how to escalate when the HOA crosses the line.

WHY THIS MATTERS: TRANSPARENCY = ACCOUNTABILITY

Allow me to be blunt. HOA secrecy creates opportunity for abuse. Unchecked expenses. Cozy vendor deals. Late reserve deposits and destructive reserve abuse. Even hidden conflicts of interest, self dealing, and other breaches of fiduciary duty. The HOA is managing your money—and you have a legal right to see where every dollar is going.

Civil Code section 5200 and the surrounding sections give homeowners broad, enforceable access to HOA records. You don’t need a reason. You don’t need permission. And the board doesn’t get to pick and choose what they give you.

WHAT DOCUMENTS CAN YOU DEMAND FROM YOUR HOA UNDER 5200

The statute is not vague. When you read the statute carefully, it actually spells out more than a score of document categories the HOAs of any size must produce.

I’ve developed a comprehensive list over the years, and I’m going to share it with you. If you’re drafting a 5200 demand, this is what you include (or choose from the relevant ones listed). And be sure to cite the relevant code section next to each one so that the HOA knows that you know why you’re entitled to each document category. Just be sure to note what years you want each of these categories from (e.g., 2022 through the present, etc.):

Membership list, along with email addresses (for those who have no affirmatively opted out) (Civ. Code, § 5200(a)(9)).
Governing documents (Civ. Code, § 5200(a)(11)).
Monthly and annual bank statements (Civ. Code, § 5200(a)(13)).
Canceled checks (Civ. Code, § 5200(a)(13)).
Check registers (Civ. Code, §§ 5200(a)(10), 5200(a)(13)).
Credit card statements (Civ. Code, §§ 5200(a)(10), 5200(a)(13)).
Purchase orders approved by the HOA (Civ. Code, § 5200(a)(13)).
Invoices for services rendered to the HOA (Civ. Code, § 5200(a)(13)).
Reimbursement requests submitted to the HOA (Civ. Code, § 5200(a)(13)).
Certificates of insurance for vendors or contractors (Civ. Code, § 5200(a)(4)).
Current and prior master insurance policies (Civ. Code, § 5200(a)(4)).
Declaration pages for current-year insurance policies (Civ. Code, § 5200(a)(4)).
Notices of all board meetings (Civ. Code, § 5200(a)(8)).
Agendas for all board meetings, including executive sessions (Civ. Code, § 5200(a)(8)).
Minutes for all open board meetings (Civ. Code, § 5200(a)(8)).
Annual budget report, including: the pro forma budget or summary, reserve funding plan, and funding methodology (Civ. Code, §§ 5200(a)(1), 5320(b)).
Annual policy statement, including: notice of right to receive board meeting minutes, assessment collection policy, and fine schedule (Civ. Code, §§ 5200(a)(1), 5310(b), 5320(b)).
Management agent disclosures (Civ. Code, §§ 5375, 5380).
Any full reserve studies (Civ. Code, § 5320(b)).
Reserve account balances and records of reserve fund expenditures (Civ. Code, § 5200(a)(7)).
All signed contracts not covered by legal privilege (Civ. Code, § 5200(a)(4)).
Balance sheets (Civ. Code, § 5200(a)(3)(A)).
Income and expense statements (Civ. Code, § 5200(a)(3)(B)).
Budget comparisons (Civ. Code, § 5200(a)(3)(C)).
The general ledger (Civ. Code, § 5200(a)(3)(D)).
Federal tax returns (Civ. Code, § 5200(a)(6)).
State tax returns (Civ. Code, § 5200(a)(6)).
Election rules and board qualification criteria (Civ. Code, § 5200(a)(11)).

There are a few others, but these are the ones that matter the most.

WHAT TO PUT IN A 5200 DEMAND AND WHY IT MATTERS

A 5200 demand isn’t just a formality. If done correctly, it creates the legal foundation for penalties, attorney’s fees, and court enforcement. But if it’s vague or improperly cited, you’ve just given the board cover to ignore it, or at the very least, substantially delay their compliance.

Your demand should:

Clearly identify the requesting owner and property address.
List every document as a separate numbered request, with the statute in parentheses.
State that the HOA must affirmatively disclose which documents it doesn’t have and why.
Set a hard deadline: 5 days for the membership list, 10 business days for current-year fiscal documents, 30 calendar days for the rest.
Declare that each line item will be treated as a separate violation for purposes of calculating statutory penalties (at $500 per request).
Be sent by certified mail and email, with proof of delivery saved in your file.

That structure is everything. It locks in statutory deadlines and boxes the HOA into a corner if they don’t comply.

BE WARY OF DELAYS AND GAMESMANSHIP

Once your 5200 demand is out the door, you are under no obligation to extend deadlines or wait around for management companies, boards, or insurance adjusters to “look into it.” The statutory timelines are enforceable. If a response arrives 45 days late with a request for patience, the answer is no. You’re not being difficult—you’re respecting the law. My advice? On day 31, move forward with a formal ADR demand (which is when you’ll call MBK CHAPMAN for guidance).

You also need to anticipate one of the most common abuses we see—when the HOA fails to identify what it withheld. Under Civil Code section 5215(d), the association is required to tell you—not just that a document was withheld or redacted—but what document it withheld or did not produce and the reason for doing so. Most boards just skip this entirely. Why? Because it’s strategic. By omitting that information, they’re forcing you to guess what’s missing. If you’re sifting through a 200 page production, figuring out what is missing could take hours. Of YOUR time. And that’s on purpose.

That kind of omission is a form of obstruction meant to punish homeowners for exercising their rights. It’s a calculated effort to exhaust you. That’s why every demand we send explicitly requires the HOA to “remember” to list each withheld or redacted item and state why. If they don’t, they’re violating the statute—and they know it. And we point it out to them.

One of the most common forms of HOA gamesmanship in response to a 5200 demand is billing abuse. They’ll send a bloated invoice to discourage you from pursuing the full set of records to which you’re entitled. We see this tactic all the time—it’s not about cost recovery, it’s about deterrence.

Here’s what they’re actually allowed to charge you for:

Actual copying and mailing costs.
Up to $10/hour—but only for time spent redacting legally protected enhanced records.
A reasonable hourly fee for organizing paper records if they exist in hard copy form.

They are not allowed to charge for “research time,” “admin costs,” “processing fees,” or “manager review.” And if they do? You push back in writing, immediately.

Or, your board might send you a $600 invoice for “retrieving” documents, claim they “need to consult with counsel,” or try to charge you for every email the manager sends. All of that is irrelevant. The timeline is the timeline. They either comply or they’re in violation. It’s that simple.

WHAT HAPPENS IF THE HOA IGNORES YOUR DEMAND?

If they fail to meet the deadline, provide an incomplete response, or claim confusion, they’re already in violation. At that point, you don’t need to wait.

You also don’t need to initiate full-scale litigation. California law allows you to file a writ petition under Civil Code section 5235—a streamlined enforcement mechanism that bypasses discovery and jury trial. It puts you in front of a judge faster and with far less procedural cost than a traditional lawsuit.

And when you win? You can recover:

All of your attorney’s fees and costs.
Up to $500 per document category withheld or delayed.
Court enforcement ordering full production of all missing records.

Alternatively, you can also take the HOA to small claims court, but you won’t get the order to produce. Just the damages that you can convince the judge to give you. And keep in mind that small claims judges are not necessarily the cream of the crop.

This process exists for a reason—to give homeowners a direct, effective tool to force accountability when HOAs refuse to follow the law.

CONCLUDING THOUGHT

Most homeowners think of record requests as optional. As if the board is doing them a favor. That’s exactly the mindset your HOA wants you to have. But the truth is the opposite. Your board is required by law to give you these records. And if they don’t? You can force compliance—and make them pay for their delay.

The 5200 demand isn’t just a request. It’s a strategy. It’s a litigation tool. And when used correctly, it turns HOA silence into financial liability.

If your HOA won’t comply, we’ll make them comply. Call us at MBK Chapman, and we’ll set your HOA straight.