Access To Association Records

 

To Download PDF: Resolution of Daylesford Lake concerning access to Association Records – Signed April 29, 2013

 

RESOLUTION OF DAYLESFORD LAKE CONDOMINIUM ASSOCIATION CONCERNING ACCESS TO ASSOCIATION RECORDS

 

BACKGROUND

 WHEREAS,  Daylesford Lake Condominium Association (“Daylesford Lake”) is governed by a Declaration of Condominium (Declaration) and Bylaws adopted pursuant thereto, to administer, maintain, repair, and replace certain common areas and Units in a residential development situated in Tredyffrin Township, Chester County, known as Daylesford Lake.   The Declaration is duly recorded in the Office of the Recorder of Deeds for Chester County in Deed Book 1601 at pages 101 et seq. (the “Declaration”).

 WHEREAS, Daylesford Lake Condominium is made subject to the Pennsylvania Uniform Condominium Act (68 PA C.S. §3101 et seq.) (the “Act”) by Article I, Section 1.01 of the Declaration.

 WHEREAS, Article VII, Section 7.16 of the By-Laws for Daylsford Lake authorizes the Association to exercise all powers, duties and authority vested by law, including but not limited to the following:

 (p)      The power to make, and enforce compliance with, such reasonable rules and regulations relative to the operation, use and occupancy of the Common Elements and Limited Common Elements and Units, including, but not limited to penalties to be levied for violations of these By-Laws, the Declaration and any rules and regulations as the Executive Board shall adopt…

 WHEREAS,  Article X, Section 10.01 of the Bylaws provides that:

 The Executive Board shall make available to the Owners, … current copies of the Declaration, these By-Law, rules and regulations and the books, records and financial statements of the Association.   For purposes of this paragraph, “available” shall mean available for inspection, upon request, during normal business hours at the office of the Association or such other location designated by the Executive Board….

 WHEREAS,   Section 3316 of the Act requires that;

 All financial and other records shall be made reasonably available for examination by any unit owner and his authorized agents.

 WHEREAS,  the Executive Board has determined it to be in the best interest of the Association, to adopt a uniform policy for the inspection of its books and records.

 NOW THEREFORE,  be it RESOLVED and ENACTED by the Executive Board of Daylesford Lake Condominium Association as follows:

 1.       Only Unit owners in good standing may request and be granted access to the Association’s records.

 2.       All requests for inspection of Association books and records shall be made in writing, addressed to the office of the Association.

 3.       Requests must describe in reasonable detail the documents which are sought to be inspected.  Requests which are unreasonably broad in scope and subject matter will not be honored.

 4.         Requests for the following documentation will not be honored:

 a)       Legal  files  or  attorney  client  privileged  information,  including individual assessment delinquency files or enforcement files, and related matters;

b)          information relevant to pending litigation;

c)         information which may constitute an invasion of privacy, including Unit files for Units other than owned by the person making the records request;

d)        any employment, payroll, or pension records of the Association;

e)        bids or proposals for projects not yet under contract.

 5.       Nothing  contained  herein  shall  prevent  the   Executive  Board  from disclosing information which the Board, by majority vote, agrees to publish or disclose.

 6.       All records inspections shall take place at the office of the Association or other location selected by the Executive Board, during normal business hours.

 7.       Records of the Association may not be removed from the inspection site. Any  copies  may  be  made  by  the  Association,  and  sent  to  the  requester  when completed.   The Association will charge for copying, and may charge administrative time for large requests.   The Association may charge an administrative fee for the collection and gathering of records which may be archived or not readily available, and for the redaction of records which may be required

 RESOLVED   and   ENACTED   by  the  Executive  Board  of  Daylesford  Lake

Condominium Association this 29th Day of April ,  2013.

 

Attest:                                                 DAYLESFORD LAKE CONDOMINIUM ASSOCIATION