A.R.S. §33-1258
Arizona Revised Statutes Title 33. Property § 33-1258. Association financial and other records; applicability
Can I ask about HOA architectural approval Who was approved and when
and also information on petty cash and bills and
parts and trees
with A.R.S. §33-1258 what is my limit
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You are allowed to ask for any associIation record but you must be specific. A request like you made in a separate email is totally inappropriate and no association will even try to answer such a request. Figure out what you want to see and as long as that request is reasonable and already exist as a record than the association must allow you access to that record. If a financial report does not exist the association is not required to create a report to satisfy your request. While you do not have to provide a justification for your request a blanket request simply to harass the association or as a fishing expedition will surely not be held up in court.. if you are looking for financial records you. Need to understand what and how the association keeps it records and the level of detail within thoose records., abusing records request will simply make it harder for others to request legitimate records. In the future.
Dennis
33-1258 is an Arizona statute. I cannot find a governmental agency that enforces this statute.
Is there one or is this a civil matter?
Joe
Josepha,
You are correct there is no state agency that enforces any of the statutes that apply to either planned communities or condominiums. All these issues are civil issues.
Dennis
Thanks.
I guess I will have to hire a lawyer.
If you believe that state law has been violated and you believe that you can prove it, you can file a petition to the Dept. of Real Estate in their dispute resolution process. You will not need an attorney, but it will cost $500 per issue in your petition. An Administrative law judge will hear your case and decide if the law has been violated. If you prevail the association will be required to pay your application fee. Please write me separately before you file such a petition, so that I can guide you from my expensive experience in this venue. You are always free to use an attorney if you like but if you do my recommendation to you would be to go to Superior Court instead of the ALJ process.
Dennis
Dennis,
I am an ex board member. As such I would like to continue holding my HOA and the management company accountable.
I will be requesting documents on a regular basis as long as I live here.
I am specific as my request and I offer a reasonable explanation for my request.
All my requests are to the Board via email.
I have spoken to the ADRE several times and still do not understand where they stand on this issue.
I would hate to drop $500 on a fool’s errands.
I have spoken to an attorney and they want $250 for 30 minutes for their opinion.
It is surprising to me that the sate legislators write a law with no governmental agency to enforce their statute.
So, any advice would be appreciated.
Joe
Joe,
You are correct with your frustration, but bigger government is never the solution to any issue. In those states that have some sort of governmental agency tasked with oversight of these communities, all staff positions are filled by people that are part of the HOA industry and you end up with the wolf guarding the hen house and homeowners get shafted. ADRE has no direct oversight or enforcement power they are simply an intermediary to the Office of Administrative Hearings to provide adjudication of HOA disputes with either the statutes or the governing documents. The real shame is that the recent ALJ decision demonstrate in my opinion total incompetence and bias toward whatever the associations attorneys tell them. This was not always the case but since the pandemic the stable of ALJ’s has substantially weakened. Provide me the details of your records request in an e-mail to the address above and I’ll provide you my insight as to your best options from here.
Dennis