Document Request
Our HOA community manager has not complied with statute when responding to records request. What agency governs this type of violation and how do you file a complaint?
Thanks!
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George,
The Arizona Department of Real Estate has an HOA dispute resolution process relative to alleged violations of the planned community or condominium statutes or the community governing documents. Their website has a section dedicated to this process and the form needed to submit a petition. There is a fee of $500 for each issue but that fee is paid back by the association if you prevail. You must specify the specific statute by number that you believe has been violated. For a planned community that is ARS 33-1805 and a Condominium ARS 33-1258. Read the applicable statute directly prior to your submittal. Stick to the facts and do not embellish. While the management company is the real culprit the law applies to the Association so you must address your complaint to the association alone. The management company works for the association and is acting in their place. Before you file a petition provide the association one more opportunity to provide you access to the documents requested. One last point you must have all the correspondence including the initial written request for records and any responses from the association. if phone calls were made you must have the date and time of those calls and who was on the call. Your request to view records must also have been reasonable and not too general or overwhelming. The association has no obligation to support fishing expeditions.
Dennis