The Right to Inspect Records
Pursuant to the South Carolina Nonprofit Corporation Act, members of incorporated community associations are entitled to inspect and copy certain records. The Act distinguishes between automatic access and limited access to records.
Automatic Access
A member is entitled to inspect or copy these documents at a reasonable time and place. The member must provide written notice at least five days prior to the date the member wishes to view the records. The member is not required to make a showing of good faith or proper purpose, although the member must pay reasonable charges incurred. The following records fall under this category:
A member may inspect limited access documents at a reasonable time and place. The member must provide written notice of a demand to copy and inspect at least five days prior to the date the member wishes to view the records. This demand must be made in good faith and for a proper purpose, which must relate to the requestor's interest in the corporation based on his or her status as a member. It is also necessary for the member to describe with reasonable particularity the purpose and the records sought so the corporation is generally informed of the member's object. Again, the member must pay for reasonable expenses incurred in the retrieval or copying of these documents. The following documents are considered limited access:
Automatic Access
A member is entitled to inspect or copy these documents at a reasonable time and place. The member must provide written notice at least five days prior to the date the member wishes to view the records. The member is not required to make a showing of good faith or proper purpose, although the member must pay reasonable charges incurred. The following records fall under this category:
- Articles of incorporation
- Bylaws Resolutions adopted by the board of directors
- Minutes of all meetings of members and records of all actions approved by the members for the past 3 years
- All written communications to members generally within the past 3 years, including the financial statements furnished for the past 3 years
- A list of the names and business or home address of its current directors and officers
- Most recent reports required by the Secretary of State
A member may inspect limited access documents at a reasonable time and place. The member must provide written notice of a demand to copy and inspect at least five days prior to the date the member wishes to view the records. This demand must be made in good faith and for a proper purpose, which must relate to the requestor's interest in the corporation based on his or her status as a member. It is also necessary for the member to describe with reasonable particularity the purpose and the records sought so the corporation is generally informed of the member's object. Again, the member must pay for reasonable expenses incurred in the retrieval or copying of these documents. The following documents are considered limited access:
- Excepts of any meetings of the board, records of any action of a committee of the board, minutes of any meeting of members and records of actin taken by members or directors without a meeting.
- Accounting records
- Membership list
This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.
Posted by Ryan McCabe at 9/21/2010 9:27 AM 
Categories: Homeowners Association, Inspection of Records, SC HOA Law, SC Community Association Law
Categories: Homeowners Association, Inspection of Records, SC HOA Law, SC Community Association Law
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