HOA HELL, a groundbreaking book for California homeowners by Michael B. Kushner

Overview

Civil Code 5200 does not simply say that you have a right to “HOA records.” It defines, with surprising specificity, the categories of documents that California HOA boards must make available for inspection and copying. If your HOA prepared, used, or retained a document in connection with its operations, finances, elections, meetings, insurance, or vendor relationships, you likely have the right to see it.

Many homeowners assume they are entitled only to meeting minutes or governing documents. That is wrong. Civil Code 5200 covers a wide array of HOA-related documents, including bank statements, canceled checks, general ledgers, contracts, invoices, reimbursement requests, insurance policies, reserve studies, tax returns, election materials, and more. Put it this way: if a document reflects how your HOA collects money, spends money, makes decisions, or enforces rules, it likely falls within the statute. That said, Civil Code 5200 gives you the right to inspect and copy existing records, not to demand that the HOA create new summaries, reports, compilations, or explanations that do not already exist.

At the same time, 5200 does not give homeowners unlimited access to everything. Civil Code 5215 creates narrow exceptions for privileged communications and certain sensitive categories. The key is understanding where the line is drawn so that you demand what you are entitled to and avoid giving your HOA board an excuse to delay or deflect.

This Fact Sheet identifies the specific categories of documents that California homeowners have the legal right to inspect and copy under Civil Code 5200. When you understand exactly what the statute covers, you remove the ambiguity that HOA boards often exploit and put yourself in a position to demand full compliance.

If you want a deeper analysis of how to strategically use Civil Code 5200 in real disputes, you can read my article titled “Forcing HOA Transparency: The Power of Civil Code § 5200 to Demand Records.” You might also want or listen to the related episode of my HOA HELL podcast, “Your HOA’s Paper Trail: How to Use Civil Code § 5200 to Get Every Document You Need,” where I walk through real-world examples and enforcement strategy. Also, this Fact Sheet is part of an eight-part series addressing homeowners’ rights under Civil Code 5200. If you have not already reviewed the introductory overview, start with “Can I See My California HOA’s Records? A Homeowner’s Guide to Civil Code 5200.” The remaining Fact Sheets in the series include:

  • “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 defines, with specificity, the categories of HOA records that California homeowners have the legal right to inspect and copy. When you understand exactly which documents fall within the statute, you eliminate guesswork and prevent your HOA board from pretending that your request is vague or overreaching.

  • Civil Code 5200 identifies specific categories of HOA records that homeowners may inspect and copy. The following represents the core categories of documents that most often matter in real disputes, along with their statutory basis.
    • Membership list, along with email addresses (for those who have not affirmatively opted out) (Civil Code 5200(a)(9); 5220).
    • Governing documents (Civil Code 5200(a)(11)).
    • Monthly and annual bank statements (Civil Code 5200(a)(13)).
    • Balance sheets (Civil Code 5200(a)(3)(A)).
    • Income and expense statements (Civil Code 5200(a)(3)(B)).
    • Canceled checks (Civil Code 5200(a)(13)).
    • Check registers (Civil Code 5200(a)(10), 5200(a)(13)).
    • The general ledger (Civil Code 5200(a)(3)(D)).
    • Credit card statements (Civil Code 5200(a)(10), 5200(a)(13)).
    • Purchase orders approved by the HOA (Civil Code 5200(a)(13)).
    • Invoices for services rendered to the HOA (Civil Code 5200(a)(13)).
    • Reimbursement requests submitted to the HOA (Civil Code 5200(a)(13)).
    • Certificates of insurance for vendors or contractors (Civil Code 5200(a)(4)).
    • Current and prior master insurance policies (Civil Code 5200(a)(4)).
    • Declaration pages for current-year insurance policies (Civil Code 5200(a)(4)).
    • Notices of all board meetings, including executive sessions (Civil Code 5200(a)(8)).
    • Agendas for all board meetings, including executive sessions (Civil Code 5200(a)(8)).
    • Minutes for all open board meetings (Civil Code 5200(a)(8)).
    • Annual budget report, including the pro forma budget or summary, reserve funding plan, and funding methodology (Civil Code 5200(a)(1), 5320(b)).
    • Annual policy statement, including the notice of right to receive board meeting minutes, assessment collection policy, and fine schedule (Civil Code 5200(a)(1), 5310(b), 5320(b)).
    • Management agent disclosures (Civil Code 5375, 5380).
    • Full reserve studies (Civil Code 5320(b)).
    • Reserve account balances and records of reserve fund expenditures (Civil Code 5200(a)(7)).
    • All signed contracts not covered by legal privilege (Civil Code 5200(a)(4)).
    • Budget comparisons (Civil Code 5200(a)(3)(C)).
    • Federal and state tax returns (Civil Code 5200(a)(6)).
    • Election rules and board qualification criteria (Civil Code 5200(a)(11)).
  • Civil Code 5200 gives you the right to inspect and copy existing records, not to demand that the HOA create new ones. The statute covers documents the HOA prepared, used, or retained within the course and scope of its normal operations. It does not require the HOA to generate summaries, compile new spreadsheets, draft explanations, or create reports that do not already exist. If the record exists, you may inspect and copy it. If it does not exist, the HOA has no obligation to create it for you.
  • Demand documents by clearly separated categories so your HOA cannot claim confusion. When you request records by category rather than in broad or vague terms, you make it harder for your HOA board to argue that it does not understand what you are seeking. That clarity is the primary goal. As a secondary benefit, separating document categories can also increase statutory exposure if the HOA refuses to comply, because Civil Code 5235 permits penalties of up to $500 per document category demanded. The leverage is real, but precision remains the more important objective.
  • The membership list is subject to a narrow statutory limitation. Civil Code 5200 includes the membership list among the records homeowners may inspect and copy. That said, individual members may, under Civil Code 5220, opt out of having their name, property address, mailing address, and email address shared, and the HOA must honor that choice. In addition, the HOA may deny a membership list request if it reasonably believes the requesting owner seeks the list for an improper purpose, such as commercial solicitation, threats, harassment, or fraud. Communicating with fellow homeowners about HOA governance (even if the intent is to turn homeowners against the board), organizing a recall, or discussing board conduct does not qualify as an improper purpose.
  • If the document exists and does not fall within a narrow statutory exception, you are entitled to inspect and copy it. Civil Code 5200 does not require you to prove misconduct before requesting records. Your status as a homeowner is sufficient. When you understand exactly what the statute covers, you eliminate the ambiguity that HOA boards often use to stall or deflect.
  • Civil Code 5200 does not give homeowners unlimited access to every document in the HOA’s possession. As broadly worded as Civil Code 5200 is, it does not grant homeowners the right to receive all HOA-related documents. It excludes, for example, certain confidential categories, including attorney-client privileged communications, executive session minutes, records relating to member discipline or collection matters, and other sensitive information protected by law. While you may inspect executive session agendas, you are not entitled to the minutes of those closed meetings. Likewise, you may inspect contracts with legal counsel (including their fee agreements), but you are not entitled to privileged legal advice or litigation strategy. The right to inspect records is broad, but it is not absolute.
  • Call MBK Chapman if you need help getting the demand right. The scope of inspection rights under Civil Code 5200 is broad, but precision matters. A properly framed demand eliminates ambiguity and reduces the likelihood that your HOA board will delay, deflect, or deny production. If you are unsure whether a specific document falls within Civil Code 5200, or if you want to ensure your demand is structured correctly from the outset, call the expert HOA lawyers at MBK Chapman, and we’ll set your HOA straight. MBK Chapman is California’s premier homeowner-side HOA law firm.

Civil Code 5200 gives California homeowners direct access to the paper trail that reveals how an HOA operates. When you understand exactly which documents fall within the statute, you eliminate the confusion that boards often exploit. Knowledge of the categories is not just informational. It is strategic. The more precise your understanding of what you are entitled to inspect and copy, the stronger your position becomes when demanding compliance.

 

FAQs

What specific HOA documents am I entitled to see under Civil Code 5200?

Civil Code 5200 covers a broad range of HOA records, including bank statements, canceled checks, general ledgers, contracts, invoices, reimbursement requests, insurance policies, reserve studies, tax returns, meeting notices and minutes, election rules, and more. If the HOA prepared, used, or retained the document in connection with its operations, finances, or governance, you likely have the right to inspect and copy it.

Do I have to explain why I want these documents?

No. Civil Code 5200 does not require you to justify most records requests. Your status as a homeowner is sufficient. The only notable exception involves the membership list, where you must not request it for an improper purpose such as commercial solicitation or harassment.

What is considered an improper purpose when requesting the membership list?

Improper purposes include commercial solicitation, fraud, threats, or harassment. Communicating with other homeowners about HOA governance, board mismanagement, organizing a recall, or discussing board conduct does not qualify as an improper purpose. Members may opt out of having certain contact information shared, and the HOA must honor that opt-out.

Can my HOA refuse to give me documents because they are “internal”?

No. Civil Code 5200 does not distinguish between “internal” and “external” documents. If the HOA prepared, used, or retained the document in connection with its operations and the document does not fall within a narrow statutory exception, you have the right to inspect and copy it.

Are there any HOA records that I am not entitled to inspect?

Yes. Civil Code 5200 does not grant access to attorney-client privileged communications, executive session minutes, records relating to member discipline or collection matters, or other confidential information protected by law. You may inspect executive session agendas, but not the minutes themselves. You may review contracts with attorneys, but not privileged legal advice. The statute gives homeowners broad access rights, but it preserves specific confidentiality protections.

Can my HOA refuse to create a summary or generate new documents for me?

Yes. Civil Code 5200 gives you the right to inspect and copy existing records that the HOA prepared, used, or retained. It does not require the HOA to create new summaries, spreadsheets, compilations, or explanations in response to your request. If the document already exists, you may inspect and copy it. If it does not exist, the HOA does not have to create it for you.

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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