Article Thirteen
Books And Records
Article 13 Section 13.1 Required Records: The Association shall keep an original or duplicate record of the proceedings of the members and the directors, and of any other body exercising powers or performing duties which under these By-Laws may be exercised or performed by such other body, the original or a copy of its By-Laws, including all amendments thereto to date, certified by the Secretary of the Association, and an original or a duplicate membership register, giving the names of the members, and showing their respective addresses and other details of the membership of each. The Association shall also keep appropriate, complete, and accurate books or records of account. The records provided for in this section shall be kept at either the registered office of the Association in this Commonwealth, or at its principal place of business wherever situated. Section 13.2 Right of Inspection: Every member in good standing shall, upon written demand under oath stating the purpose thereof, have a right to examine, in person or by agent or attorney during the usual hours for business, for any proper purpose, the membership register, books and records of account, and records of the proceedings of the members, directors and such other body, and to make copies or extracts therefrom. A proper purpose shall mean a purpose reasonably related to the interest of such person as a member. In every instance where an attorney or other agent shall be the person who seeks the right to inspection, the demand under oath shall be accompanied by a power of attorney or such other writing which authorizes the attorney or other agent to so act on behalf of the member. The demand under oath shall be directed to the Association at its registered office in this Commonwealth or at its principal place of business wherever situated. Any member requesting copies of the required records must pay for the cost of such copies in advance. Section 13.3 Proceedings for the Enforcement of Inspection: If the Association, or an officer or agent thereof, refuses to permit an inspection sought by a member, or attorney or other agent acting for the member pursuant to Section 13.2 of this Article, or does not reply to the demand within five (5) business days after the demand has been made, the member may apply to the court for an order to compel such inspection. The court shall determine whether or not the person seeking inspection is entitled to the inspection sought. The court may summarily order the Association to permit the member to inspect the membership register and the other books and records of the Association and to make copies or extracts therefrom; or the court may order the Association to furnish to the member a list of its members as of a specific date on condition that the member first pay to the Association the reasonable cost of obtaining and furnishing such list, and on such other conditions as the court deems appropriate. Where the member seeks to inspect the books and records of the Association, other than its membership register or list of members, he shall first establish: A. that he has complied with the provisions of this Article respecting the form and manner of making demand for inspection of such documents; and B. that the inspection he seeks is for a proper purpose. Where the member seeks to inspect the membership register or list of members of the Association and he has complied with the provisions of this Article respecting the form and manner of making demand for inspection of such documents, the burden of proof shall be upon the Association to establish that the inspection he seeks is for improper purpose. The court may, in its discretion, prescribe any limitations or conditions with reference to the inspection, or award such other or further relief as the court may deem just and proper. The court may order books, documents and records, pertinent extracts therefrom, or duly authenticated copies thereof, to be brought within this Commonwealth and kept in this Commonwealth upon such terms and conditions as the order may prescribe.
