AZHOC - Arizona Homeowners Coalition
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Email as an “in writing” notice

I have a request for documents via email to our board. One board member acknowledged my email and the secretary did and will not. He will insist on a letter and will later insist he has not received it
Sine my RFD’s was acknowledged I suggest this is legal “in writing”.
Am I correct?

1 Response

  1. dennisl

    Joseph;

    The law clearly states in writing and an e-mail is in writing. If the association does not acknowledge your e-mail and you have proof that a board member received the request and they fail to provide you access to the requested records than they are violating the law. Your board secretary does not have the authority to interpret the law other than the plain language of the law. If the legislators had intended that only letters be acceptable than they would have stated “by letter or certified mail” as they do in other situations. E-mails are universally accepted as written documents in electronic format.
    Some e-mail services like outlook have a read receipt feature that sends a confirmation to the sender when the recipient opens the e-mail. That is irrefutable proof that the addressee received the e-mail and opened it.
    Inform your board secretary that whether he acknowledges receipt of your e-mail or not, he has 10 business days to provide access to the requested records or you will file a petition to the Arizona Department of Real Estate to force them to comply with the law.

    This is not hard folks. All homeowners have a right to view any association record upon written request. Yet this single simple issue is the source of the vast majority of all association based legal actions and cases including ALJ petitions. Boards or community managers simply refuse to follow the law and provide that access, why because they can and often simply get away with it. Some day, I’ll be able to put some teeth into the law to hold boards and management companies accountable to the law. The law should not be optional if it is not convenient.

    Dennis

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