Examining Condo Books/Records

RPL SEC. 339-W

Section 339-w of the Condominium Act provides, in pertinent part, that a condominium’s manager or board of managers will keep detailed, accurate records, in chronological order, of the receipts and expenditures arising from the operation of the property. Such records and the vouchers authorizing the payments will be available for examination by the unit-owners at convenient hours of weekdays. However, any inquiry into the “full bundle” of rights afforded to condominium unit-owners to review and obtain books and records must also take into account a unit-owner’s common law rights to these documents and recent case law that has expanded these rights.

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"Unit-owners who ask to inspect a condominium’s books and records are frequently perceived as rabble rousing troublemakers. Sometimes that may be true; sometimes not. However, these types of requests should not be summarily dismissed. In addition to certain rights to inspect records that are vested to condominium owners under the Condominium Act, there are also common law rights to obtain access to certain information. These rights have been expanded by recent court decisions and include, among other things, the right to make paper and electronic copies of the documents."

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