Every HOA will receive a request for records at some point, and in Arizona it’s important to understand state regulation to ensure you’re responding to requests properly. Managing these requests can be tedious, especially for someone who is unfamiliar for the process. But it’s also something that a good HOA management company can handle for you, too.
Rather than regurgitate legal jargon, we’ve boiled down the governing statutes for planned communities and condominium associations into these easy-to-digest points.
- In Arizona, HOAs are obligated to make all financial and other records* available to members. It’s important to know that members can designate, in writing, someone else to make a request on their behalf.
- *There are exceptions that allow HOAs to withhold some records. These include executive meeting minutes, privileged conversations between lawyers and the association, and individual member or employee records.
- You have 10 business days to respond to requests.
- Under Arizona statutes, HOAs are prohibited from charging members any fee to review documents. If a member requests copies, then an HOA can charge no more than 15 cents per copy/page.
When you get right down to it, it’s pretty straightforward. HOA membership includes access to records in a transparent and timely fashion. As you navigate these requests, remember to keep an eye out for questionable and sometimes annoying behavior like:
- Someone posing as a member. An example might be a vendor trying to secure a competitor’s bid information. Always check to make sure the member is who they say they are.
- Someone inundating you with questions not related to records or soliciting your opinions. Your job is to be a provider of records, not field endless questions.
We hope this helps clear up any questions you had about records requests! If you would like to read Arizona’s statues, A.R.S. § 33-1805 (for planned communities) and A.R.S. § 33-1258 (for condominium associations), we’ve included it below for your reference.
*Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member’s representative. The association shall not charge a member or any person designated by the member in writing for making material available for review. The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member’s representative, the association shall have ten business days to provide copies of the requested records. An association may charge a fee for making copies of not more than fifteen cents per page.
How much can a HOA Association charge for a delivery fee if for 25 years there was no delivery fee when an
owner sold a condo and suddenly they want a $400.00 fee
Hi Peter, I am not sure if you are discussing a fee to transfer ownership? Arizona statutes allow for a $400 charge. I hope this helps. thank you
Within a HOA in Arizona can any member of said HOA request in writing the financials (HOA payment/delinquency history) of any other HOA member in that association?
Hi Pam,
You can request the overall financials of the association, but you cannot request the financials of your fellow homeowners. That is private information.
When an HOAs CC&Rs state that the hoa is responsible on a yearly basis of cleaning a tract and the management company hasn’t done it in 4 years causing concern of a fire hazard what are the homeowners rights?
Is there a penalty if a HOA don’t save their notice of compliance notices
Does Arizona law require the HOA Board to provide me with a mailing list of the other owners if requested?
Can a member receive copies of the e-mail traffic amongst the Board members? The Board passed the budget not in an open board meeting but discussed amongst themselves via e-mail and then passed the budget outside an open Board meeting. Can I receive a copy of the e-mail discussion leading up to the passage of the budget?
The owners in our HOA recently voted about whether or not to raise our monthly dues. The treasurer is claiming that all votes are confidential except to board members. There is nothing in our CC&Rs to indicate that votes are confidential and the treasurer will not address where that rule comes from. As owners, don’t we get to see the actual votes if we request to see them?
Can I request an actual bill, such as a copy of the water bill? Our monthly water bill went from approximately $200 a month to between $750-$1000 per month with an explanation of “that’s what it is now” and they just upped the budget to accommodate the increase. I believe I have a right to request an independent audit of the financials as well. Is that true?