1 Response

1. 

   Dennis Legere

   January 22, 2019 at 1:05 pm

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   Joseph;

   Assuming you are in an HOA the state law is clear. The association must provide access to any association record within 10 business days of a written request fo those records. There could be nothing clearer in all of Arizona Law yet record request are by far the violated provision of HOA governance and the single most litigated issue. Make your request specific and reasonable , for example do not ask to see all financial records since the beginning of time. What I always tell people in requesting records is be as specific as possible. Don’t go on fishing expeditions. And don’t ask for records that you will not be able to understand once you get them. Know what you want to ask for and only ask for that. One important point to remember is that the association is under no obligation to create a record that does not already exist. So don’t ask for a summary of multiple years of information if that summary does not exist. If at all possible stray within the current year to keep the request reasonable and to allow the association to obtain the information in a timely manner. The law only requires that the association make the records available for you to review. It does not require that they give them to you. If you ask for a copy of the records they are allowed to charge you no more that $0.15 per page. If you want copies ask for them up front. If you would like electronic files sent to you in e-mail there is no harm in asking, they are not required to send you electronic files. But in many cases it is easier for them to do so, if their records are electronic.
   The is specific with the request being written. An e-mail is acceptable as a written request but can be argued that they never received the request. So you want to make sure that you have a record of the associations receipt of that request. Some e-mail programs allow for read receipts to be provided. If not and if for some reason you believe that the association will ignore your request then send the request by certified mail for the proof of receipt. If the association does not respond or does not provide you access to the requested records, I would provide them a simple e-mail reminder that the law either ARS 33-1258 for condo’s or ARS 33-1805 requires that they provide the requested records in 10 business days and if they fail to do so you will file a petition to the Arizona Real Estate Commissioner to force them to do so. That will end up costing them $500 if they are forced to provide the records and comply with the law.
   This petition process does not require an attorney , but will cost you $500 per issue to pursue. If you prevail the association will be forced to pay you back your application fee. See our reference information page for all the information about the commissioners dispute resolution process.
   Thanks
   Dennis
   PSJoseph actually called me after his post and I was able to answer his questions directly. This response is for everyone else’s information and use.