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Are ARC docs open documents

Dennis,

I recently asked the ADRE if they could either give me a ruling on (or point me to case law or a resource who could answer) this seemingly very simple question: ARE ARCHITECTURAL REVIEW COMMITTEE (ARC) DOCUMENTS TO BE MADE AVAILABLE FOR REVIEW BY ANY ASSOCIATION MEMBER OR NOT? I got the following reply:

“The Department could not provide an answer regarding retention of records, we would suggest you contact a legal representative for an answer to your question.”

Is there any case law on this, or is there any free legal source or ombudsman who could answer this simple question?

I know your opinion on this — I’m looking for either case law, or some HOA atty that will give a clear, useful answer.

Thanks for any leads/tips.

1 Response

  1. DennisL

    Fish7,

    You need no case reference or legal opinion. Arizona law ARS 33-1805 is clear any association record that is not confidential is required to be made available for review within 10 business days of a written request. All association rules and ARC guidelines are association records and thereby must be made available to review upon request. In fact, if the association is required to maintain a record of all ARC decisions which most are, then those decision minutes or records must also be made available upon request. Some associations have claimed that those records are confidential because they are personal which is total BS. Anything the ARC does must be based on external appearance of property subject to observation by anyone walking past the property and therefore is public information and not private.

    There are no free legal sources or ombudsmen for HOA’s. I am all any of you have but I’m not an attorney and can provide no legal advice as i clearly state on this website. What I can provide is an explanation of the law (Statutory and Common) and published legal decision from across the country.

    Dennis

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