Jackson White Law Firm 2009
Obtaining Information from a HOA
Arizona homeowners who belong to a HOA should know what is going on with the association they belong to. Most times, an association’s management company will provide homeowners with records or financial information upon a homeowner’s request. If met with resistance, however, homeowners should know that Arizona law requires homeowners’ associations to provide members with this information.
Arizona law speaks clearly on how HOAs are to provide homeowners with access to both information and meetings. As far as information goes, Arizona HOAs must make financial and other records available to association members without charge. Associations are required to provide such information to members within ten business days of a request, at no more than 15 cents per page to cover printing costs. HOAs can only withhold the following types of information:
- Records that pertain to pending litigation
- Records protected by attorney/client privilege
- Minutes of executive board meetings
- Confidential records relating to an individual member or employee of the association.
Arizona HOAs are also required to keep meetings open to every member of the association. Moreover, association members must be given a chance to speak at such meetings. To prepare members for upcoming meetings, HOA boards should provide members with a meeting agenda well in advance of the scheduled meeting time. This agenda can place reasonable time restrictions on how long members are permitted to speak for, and must allow for a reasonable number of members to speak on each side of issues. Portions of meetings can only be closed to members for consideration of the following:
- Legal advice from the association’s attorney
- Pending or contemplated litigation
- Confidential information about an individual member or employee of the association
Homeowners that run into trouble accessing records or meetings in their HOA need to understand that they are entitled to such information. The right to this information is not negotiable, and HOAs should not be resistant to inquisitive homeowners.
HOA Perspectives - the Fox & Hounds of HOA Business and Politics 
Our HOA recently changed rules on storage of motor homes, boats, trailers, etc. I filed with the management company photos and addresses of violations and asked for a status, refused, I also asked for contact information of board members, denied. During the change process management kept petitioners informed on who had and had not voted, names and addresses. My information was given to an individual I had noted a violation on previous CCR. In meeting minutes I was named as opposed to the change but no one was listed in anyway as in favor. Those seeking the change were not named, nor was a vote by HOA members taken at any meeting, nor was a vote taken to expend funds for a lawyer to write the change. Any suggestions on how to get the management company to enforce the new CCR’s?
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A management company works at the pleasure and under the directive of the BOD. The proper channel for resolution is through the BOD.
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My HOA refused numerous requests for documents stating the letters for information were not in the right format. When asked what the format was, we were told that they could not tell us!
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Enjoyable pageblog, I surprisingly benefited from glossing over it, keep doing the hard work. (From Romania)
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I don’t normally comment but I gotta state appreciate it for the post on this perfect one : D.
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