Transparency vs Privacy
My HOA has a management company that has been very secretive. Recently, several homeowners have used their lots for storing vehicles and construction equipment in clear violation of the CC&Rs. Complaints about their non-compliance at Board meetings have been shunted aside by the management company, claiming that Arizona law prohibits the management company or board from any discussion of the status of an individual lot. No information has been provided to the members about whether any citations have been issued or other actions taken to deal with the situation. Is it true that the Arizona laws prohibit any lot-specific information being shared with the members by the management company or by the members of the board of the HOA?
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John,
Your management company is totally full of crap, \just like most are. There is absolutely no such law. Governing document violation are public information and not private or personal information, clearly visible to anyone with any knowledge of the rules. Any action taken or not taken by the board, or its management company is an association record subject to records request. You will note that the exception to the open meeting law #5 allows any discussion relative to contesting a violation notice can be allowed in executive session only if the homeowner specifically request it to be done in closed session. Any discussion or action taken by an association relative to violations in executive session without the specific authorization of the affected homeowner would be a violation of the open meeting laws. This is further proof that violations are not private or personal information, because if they were then exception 5 would not be required at all.
Dennis
Dennis, My Association does the same thing on all lot violations citing Exception 5 to ARS 33-1804. It reads to me that the affected member must request it be held in an Open session, rather than request it be held in a closed session. What am I misreading? Thanks
5. Discussion of a member’s appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session.
Ann,
The issue is it is only authorized to be discussed in executive session if the homeowner is given the choice, and if given the choice, he/she choses open session it cannot be discussed in executive session. If the homeowner is not given the choice first it cannot be discussed in ececutive session.
Dennis