Records request cost
Dennis,
I have a question about ARS 33-1805, which is the law for requesting documents from a HOA. The law says the HOA can charge up to 15 cents per page if the document is mailed to a homeowner. Can the HOA legally charge a homeowner for other costs, such as the shipping cost, the cost for paper, printing it out, etc? Or can the HOA only charge a homeowner up to 15 cents per page, and thats it, and the HOA pays the shipping? Is the HOA allowed to email the documents in digital format?
Thanks!
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Sunny,
The law is clear the association is prevented from charging more than $.15 per page for paper copies of any document. That is, it. Technically nothing prevents an association from making digital copies available at no cost and send those copies attached to an e-mail. But community manager will simply do nothing for free. They will try to charge you for those digital copies sent electronically because they want to. But the current law does not address digital copies in any way. I worked on legislation last session that would address digital and electronic copies recognizing that paper coping cost in statute is outdated and no longer in line with the cost of printing copies. My proposal would have allowed associations to charge $.25per page for paper copies but would have required digital copies upon request at $.15 per page. One concession I required in this legislation was for the association to make any request for copies of the governing documents to be supplied free of charge or posted on the website. The Community managers did not feel this adequately compensated them and resisted this legislation and ultimately it never saw the light of day but then their counter proposal in HB-2585 also died an inglorious death based on its total unreasonableness. I will try angain to put reason and logic into the law next year.
Dennis
Thanks Dennis. As always very helpful. Btw i got your response in my email, and it appears to show your address. You might want to fix that, i dont think you want people to know your private ip address. The email I got said:
Author: Dennis Legere (IP address…