Records Relating to Lawsuits
QUESTION:
As a member of a Homeowner's Association, am I entitled to, or can I request, the particulars of a lawsuit brought against the HOA? If so, how might I go about making the request?
ANSWER:
As a member of a Homeowners' Association, you have the right to examine and make copies of the "records" of the Association, which process is explained in detail in Section 55-510 of the Virginia Property Owners Association Act.
To exercise this right, you must be a member in good standing, you must give at least five (5) days prior written notice stating which records you request to view and why, and the Board is entitled to make you come to inspect/copy during reasonable business hours.
However, the Board is entitled to exclude certain records from you. The list of things that can be excluded are spelled out in 55-510(C), and this list includes any records relating to "pending or probable litigation." If there is no lawsuit that has been filed in the courthouse, but there has been a threat of litigation, then this counts as "probable" litigation and the Board is not obligated to share this information with you. If there is a lawsuit that has been filed in the courthouse, then the Board is definitely not obligated to show you records relating to the litigation. Instead, your only option would be to go to the Clerk of the court and ask to see a copy of the public file, which should contain any filings so long as they are not sealed by the judge (if there are portions of the file which are sealed, you can make a request to view them, which you would need to ask the Clerk how to do).