Records Request Unfulfilled
First, any document requested per ARS mentioned here, fell in line with what could lawfully be provided per the statute.
A condominium owner made a records request in writing for copies of documents (.15c ea) , but the Property Management Company didn’t fulfill the request on time. Which can be proven. An initial written communication was provided from owner to property management-then, the property manager demanded a secondary request be provided just to be sure. Homeowner complied. But the records were incomplete when presented to the homeowner. When questioned, the VP of the property management company made the excuse that the email request went to a junk folder.
In another instance the property manager at the time flat out refused to provide records (master condominium insurance policy) because in his experience as a manager no one has ever asked for it and the policy is hundreds of pages. Was that a denial of a valid records request?
If the Property Management company provides only partial records (missing pages, unsigned contracts, partial receipts) and their excuse is that they cannot provide what they don’t have, is that an indication of poor management?
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Pamela
There is no excuse for incompetence. The law is clear if the request is reasonable and specific the unit owner must be provided access to view the record within 10 business days from receipt of the request. I cannot comment on the validity of your records request because I don’t know exactly what you requested but any insurance policy is clearly an association record subject to records request at any time. Because this VP was not aware that anyone had ever asked for a policy in the past is no excuse for not satisfying a legitimate request. To make matters worse the policy is most probably in electronic format and can be printed with the click of the mouse. Continued refusal to provide access could result in the association the boss of the management company with a law suit for violating the law. Association board don’t appreciate paid community managers making the association deal with litigation because they were too lazy to comply with the law.
Dennis
Thank you, Dennis.
In this case, the master condo insurance policy was requested multiple times by several homeowners (to view or to have a copy of- which both can be done per A.R.S). Our Property Management Company/Manager refused to fulfill the requests -over the years – saying they either couldn’t or saying they wouldn’t because they’d never been asked for it before and the document was far too large. Aside from printing a copy and having the homeowner pay for it, the policy is in electronic format and could easily be emailed at no cost; which would’ve been a time saver for both the BOD and Property Management Company. But, the requests weren’t fulfilled anyway!
If the requests were fulfilled, it would’ve saved a huge issue that several homeowners just encountered this year – several homeowners have had difficulties closing the sale of their condos due to lack of coverage A on our master policy (required by Freddy Mac, Fanny Mae since 2021 – b/c of the Florida sink hole disaster). Had our Board and the Property Manager communicated and fulfilled the records request for the insurance policy, one of our very homeowners who has 30 plus years of insurance industry experience, would’ve been able to advise the BOD that we were lacking coverage – sparing other owners the recent disasters trying to sell their homes.
Pamela
There is no excuse for incompetence. The law is clear if the request is reasonable and specific the unit owner must be provided access to view the record within 10 business days from receipt of the request. I cannot comment on the validity of your records request because I don’t know exactly what you requested but any insurance policy is clearly an association record subject to records request at any time. Because this VP was not aware that anyone had ever asked for a policy in the past is no excuse for not satisfying a legitimate request. To make matters worse the policy is most probably in electronic format and can be printed with the click of the mouse. Continued refusal to provide access could result in the association the boss of the management company with a law suit for violating the law. Association board don’t appreciate paid community managers making the association deal with litigation because they were too lazy to comply with the law.
Dennis