Phillip Parker applied to the Cobb County Superior Court for an order compelling Clary Lakes Recreation Association, Inc. CLRA to produce certain corporate documents. The superior court granted in part and denied in part Parker’s application, and he appeals. We affirm.
CLRA is a non-profit homeowners’ association of which Parker is a member. Parker sued CLRA in 1997, alleging mismanagement and violation of corporate by-laws.1 During discovery in that litigation, CLRA produced all corporate records requested by Parker. After the discovery period in that case closed, Parker sent a written request to CLRA to “inspect all accounting and/or corporate records of CLRA for the purpose of determining the performance of management and the condition of the corporation.” Parker requested that CLRA produce nine categories of documents from December 1998 to the date of the request, including records of all asset accounts, invoices and billing statements, profit and loss statements, tax returns, corporate meeting minutes, and membership lists. CLRA refused the request on the grounds that it was “nothing more than an attempt to conduct additional discovery in the pending lawsuit after the discovery period had expired.” Parker applied to the superior court under OCGA § 14-3-1604 for an order directing CLRA to produce the requested documents and for an award of attorney fees. The application was heard by the same judge presiding over Parker’s lawsuit against CLRA. Following a hearing, the judge denied Parker’s application with respect to all documents requested, except that the judge ordered CLRA to produce minutes from certain corporate meetings. OCGA § 14-3-1602 allows members of nonprofit corporations to inspect and copy certain corporate records. The statute divides corporate records into two basic categories. The first category, listed in OCGA § 14-3-1602 a, includes eight kinds of records, such as articles of incorporation, by-laws, minutes of meeting, and corporate resolutions. These records are accessible to any member who makes a written request at least five business days before the date the member wishes to inspect and copy such records.2 The second category, listed in OCGA § 14-3-1602 c, includes excerpts of minutes of certain specialized corporate meetings, accounting records of the corporation, and the membership list.3 Members may inspect and copy the records in the second category only if: