See also Index, records.

Statute Governs: An association must make documents available to owners in the way the governing documents say, but if something in governing documents conflicts with a statute, the statute governs.

FN 1.  FN 1.  Where Records Must be Kept: An association is required to keep and make available to owners a copy of certain records, free of charge, on the association's website, or, if the association does not have a website, physical copies of the documents must be made available to owners during regular business hours at the association's registered address. Otherwise, records may be kept electronically as long as they are capable of being transmitted to, or viewed by, others, such as via email from an electronic storage medium or via website. Utah Code §§ 57-8-17 (condo), 57-8a-227 (community ass'n), 16-6a-1601(4).

• "Registered address" means the association's address listed with the Utah HOA Registry.
• "Principal office" means the address of the association listed on the association's corporate registration with the Utah Division of Corporations (not to be confused with the separate HOA Registry).

FN 2.  FN 2.  "Proper purpose" means a purpose reasonably related to the owner's interest as a member of the association. Utah Code § 16-6a-1602(4). In order to view a record when a proper purpose is required: (1) the request by the owner must be made in good faith and for a proper purpose, (2) the owner must describe with reasonable particularity the purpose and the records the owner desires to receive, and (3) the records must be directly connected with the described purpose.

FN 3. FN 3.  Providing Records: An owner may choose: (1) to view and copy the records in person (including being allowed to bring any necessary imaging equipment and make copies or electronic scans of the documents while viewing the documents), (2) to receive the records electronically, and that either the association or a third-party duplicating service make the electronic scans of the requested documents, or (3) to receive hard copies of the records, and that either the association or a third-party duplicating service make the copies of the requested documents. Utah Code §§ 57-8-17 (condo) or 57-8a-227 (community ass'n).

FN 4. FN 4.  Attorney Fees: An association must pay an owner's attorney fees and costs incurred in obtaining requested documents after the association fails to comply with the statute in the Condo Act or Community Association Act. See Utah Code §§ 57-8-17(5) or 57-8a-227(5). In a lawsuit, the court may require the losing party to pay the prevailing party's attorney fees and costs. See §§ 57-8-17(6) or 57-8a-227(6).

FN 5. FN 5.  Daily Penalty: $25 per day penalty payable to the owner beginning on sixth calendar day after the owner's records request. See Utah Code §§ 57-8-17(2)(a)(ii) and (5)(b), or 57-8a-227(2)(a)(ii) and (5)(b).

FN 6. FN 6.  "Appropriate accounting records," generally speaking, are records relevant to audits and financial reviews, as well as records used to prepare financial statements that fairly present the financial condition and transactions of the association, including ledgers, bank statements, invoices, receipts, vouchers, etc. (see e.g., 1984 Model Business Corporation Act, Section 16.01, official comment 2).  See Utah Code § 16-6a-1601(2) (an association "shall maintain appropriate accounting records").

However, in the Utah Office of the Homeowners’ Association Ombudsman's opinion, "appropriate accounting records" consist of merely "the main financial summary reports that provide an overview of an organization's economic health, such as balance sheets, income statements, and cash flow statements" and do not include records that provide detail on specific transactions, such as the "detailed ledgers, receipts, invoices" that a homeowner had requested in the matter the Ombudsman examined.  See Advisory Opinion No. 2025-01.  (Of course, the Ombud's opinions are not law and are not binding.)

So, regarding financial records, it's clear that an owner is entitled to see, for the last three years, profit and loss statements, balance sheets and any other financial statements that were prepared.  But, the law also requires an association to maintain "appropriate accounting records” and to provide them to a member that makes a proper request. These include balance sheets and financial statements for an "appropriate" period of time (likely at least seven years).  The statute does not define what “appropriate accounting records” are and Utah appeals courts have not examined the issue, so whether more granular records such as ledgers, bank statements, invoices, receipts, vouchers, and so forth, must be turned over to an owner who requests them is somewhat of an open question--a question that comes down to the board to answer for their association, acting in good faith, based on what is in best interest of the association and what an ordinarily prudent HOA board member would do in similar circumstances.

FN 7. FN 7.  Membership List Requirements: Unless the bylaws exempt the association from the following requirements, the membership list must be current whenever a member meeting or action by written ballot without a meeting is conducted, and

FN 8. FN 8.   the membership list must be made available to members:

• beginning the earlier of: (1) 10 days before the meeting, or (2) two business days after notice of the meeting is given, and then continuing through the meeting and any adjournment of the meeting,
• at the association's principal office or at a place identified in the notice of the meeting in the city where the meeting will be held,
• at the meeting itself.
  See Utah Code § 16-6a-710. See also Index, membership list for more details.

FN 9. FN 9.  Penalties Under the Records Statute.  If:

(1) an owner makes a proper request for the reserve analysis,
(2) the association fails to provide a copy within two weeks,
(3) the owner sends a proper notice of failure to comply and demand to comply,
(4) the association fails to provide a copy within 10 days,
(5) the owner then files a lawsuit,

then the penalties a court may award include $1,000 or the owner's actual damages (whichever is more) and the owner's attorney fees and costs, among other things.  See the records statute in Utah Code §§ 57-8-17 (condo) or 57-8a-227 (community ass'n).

FN 10. FN 10.  Penalties Under the Reserve Fund/Reserve Analysis Statute.  If:

(1) an owner makes a request for the complete reserve analysis or update,
(2) the association fails to provide a copy promptly,
(3) the owner sends a proper notice of failure to comply and demand to comply,
(4) the association fails to provide a copy within 90 days,
(5) the owner then files a lawsuit,

then the penalties a court will award include $500 or the owner's actual damages (whichever is more) and the owner's attorney fees and costs, among other things.  See the reserve fund/reserve analysis statute in Utah Code §§ 57-8-7.5(8) (condo) or 57-8a-211(8) (community ass'n).