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.