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Community Management Contract is Proprietary?

Hi all. I’ve just recently found this site and absolutely LOVE all of the information on it. Over the past year, I’ve gotten as involved as I can with our HOA and I’ve been more than a bit disturbed by the lack of transparency, the failed commitments, and the falsities that are coming out of our association. I’m currently running for a position on our HOA board and our community management company is none to happy about it. I had requested to review the contract our association has with this company and was told that it was not available for my review (as a homeowner exercising her rights under A.R.S. 33-1805) because it is proprietary information. Can anyone tell me if that’s a valid reason to refuse my request? Thanks!

1 Response

  1. dennisl

    Amy,

    Any signed contract by the association is a record of the association. During bid proposal reviews each proposal is proprietary and confidential but once the association decides on a vendor and sign a contract it is a record of the association subject to records request. Far too many board members fail to actually read their own contracts with community managers and failing to do so is in my belief a breach of fiduciary duty to their community. Place you records request to view the contract and the association. And it’s agent has 10 business days to provide you access to that record or they violate the law. File a petition with ADRE on this violation of law to force the association to provide that record.. compliance with the law is not optional..
    Dennis

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