§1141.36. Association records

            A. An association shall retain all of the following, which may be maintained in an electronic format:

            (1) Appropriate accounting records concerning the operation and administration of the association.

            (2) Minutes of all meetings of the lot owners and board of directors other than executive sessions, a record of all actions taken by the lot owners or board of directors without a meeting, and a record of all actions taken by a committee in place of the board of directors on behalf of the association.

            (3) The names of lot owners in a form that permits preparation of a list of the names of all lot owners and the addresses at which the association communicates with them, in alphabetical order showing the voting interest each lot owner is entitled to cast.

            (4) Its original or restated organizational documents and all amendments to them, and all rules currently in effect.

            (5) All financial statements and tax returns of the association for the past three years.

            (6) A list of the names and addresses of its current directors and officers.

            (7) The most recent annual report delivered to the secretary of state.

            (8) Financial and other records sufficiently detailed to enable the association to comply with R.S. 9:1141.43(B).

            (9) Copies of current contracts to which the association is a party.

            (10) Records of board of directors or committee actions to approve or deny any requests for design or architectural changes from lot owners.

            (11) Ballots, proxies, and other records related to voting by lot owners for one year after the election, action, or vote to which they relate.

            B. Upon receipt of a request for specific records, the association shall make the records available for examination and copying by a lot owner, the lot owner's agent, or persons with a valid contract of sale. An inspection shall occur during reasonable business hours or at a mutually convenient time and location.

            C. Records retained by an association may be withheld from inspection and copying to the extent that they concern any of the following:

            (1) Personnel and medical records relating to specific individuals.

            (2) Contracts and other commercial transactions to purchase or provide goods or services that are currently being negotiated.

            (3) Existing or potential litigation or mediation, arbitration, or administrative proceedings.

            (4) Communications with the association's attorney that are protected by the attorney-client privilege or the work-product rule.

            (5) Information the disclosure of which would violate law.

            (6) Records of an executive session of the board of directors.

            (7) Individual lot files other than those of the requesting lot owner.

            D. An association may charge a reasonable fee for providing copies of any records in accordance with this Section and for supervising the lot owner's inspection.

            E. A right to copy records in accordance with this Section includes the right to receive copies by photocopying or other means, including receipt of copies through an electronic transmission, if available, upon request by the lot owner.

            F. An association is not obligated to compile or synthesize information.

            G. Information provided pursuant to this Section shall not be used for commercial or other improper purposes, and the association may deny access to information if the association has a good faith belief that the information is being requested for such purposes. If an action is filed regarding the production of information, the court may order that the association's expenses be reimbursed upon determining that the information was used for commercial or other improper purposes.

            Acts 2024, No. 158, §2, eff. Jan. 1, 2025.