§ 621. Books and records; right of inspection; prima facie evidence.

(a) Except as otherwise provided herein, every corporation shall keep,
at the office of the corporation, correct and complete books and records
of account and minutes of the proceedings of its members, board and
executive committee, if any, and shall keep at such office or at the
office of its transfer agent or registrar in this state, a list or
record containing the names and addresses of all members, the class or
classes of membership or capital certificates and the number of capital
certificates held by each and the dates when they respectively became
the holders of record thereof. A corporation may keep its books and
records of account in an office of the corporation without the state, as
specified in its certificate of incorporation. Any of the foregoing
books, minutes and records may be in written form or in any other form
capable of being converted into written form within a reasonable time.

(b) Any person who shall have been a member of record of a corporation
for at least six months immediately preceding his demand, or any person
holding, or thereunto authorized in writing by the holders of, at least
five percent of any class of the outstanding capital certificates, upon
at least five days written demand shall have the right to examine in
person or by agent or attorney, during usual business hours, its minutes
of the proceedings of its members and list or record of members and to
make extracts therefrom.

(c) An inspection authorized by paragraph (b) may be denied to such
member or other person upon his refusal to furnish to the corporation,
its transfer agent or registrar an affidavit that such inspection is not
desired and will not be used for a purpose which is in the interest of a
business or object other than the business of the corporation and that
he has not within five years given, sold or offered for sale any list or
record of members of any domestic or foreign corporation or aided or
abetted, or attempted or offered to aid or abet, any person in procuring
any such list or record of members for any such purpose.

(d) Upon refusal by the corporation or by an officer or agent of the
corporation to permit an inspection of the minutes of the proceedings of
its members or of the list or record of members, as herein provided, the
person making the demand for inspection may apply to the supreme court
in the judicial district where the office of the corporation is located,
upon such notice as the court may direct, for an order directing the
corporation, its officer or agent to show cause why an order should not
be granted permitting such inspection by the applicant. Upon the return
day of the order to show cause, the court shall hear the parties
summarily, by affidavit or otherwise, and if it appears that the
applicant is qualified and entitled to such inspection, the court shall
grant an order compelling such inspection and awarding such further
relief as to the court may seem just and proper.

(e) Upon the written request of any person who shall have been a
member of record for at least six months immediately preceding his
request, or of any person holding, or thereunto authorized in writing by
the holders of, at least five percent of any class of the outstanding
capital certificates, the corporation shall provide to such member an
annual balance sheet and profit and loss statement or a financial
statement performing a similar function for the preceding fiscal year,
and, if any interim balance sheet or profit and loss or similar
financial statement has been distributed to its members or otherwise
made available to the public, the most recent such interim balance sheet
or profit and loss or similar financial statement. The corporation shall
be allowed a reasonable time to prepare such annual balance sheet and
profit and loss or similar financial statement.

(e-1) In addition to those documents described in paragraph (e) of
this section, members of a homeowners association incorporated pursuant
to the provisions of this chapter shall also be entitled to review, upon
request to the homeowners association's governing board, invoices,
ledgers, bank accounts, reconciliations, contracts, and any documents
related to the expenditure of homeowners association dues.

(f) Nothing herein contained shall impair the power of courts to
compel the production for examination of the books and records of a
corporation.

(g) The books and records specified in paragraph (a) shall be prima
facie evidence of the facts therein stated in favor of the plaintiff in
any action or special proceeding against such corporation or any of its
officers, directors or members.

(h) Nothing in this chapter shall require an employee organization
certified or recognized for any collective negotiating unit of an
employer pursuant to article fourteen of the civil service law to
disclose the home address of any member or former member of such
organization.