How to enforce HOA transparency under A.R.S. § 33-1805?
I live in an HOA community in Phoenix where management seems to make record access harder than it should be. For example, when I request financials or governing documents, I often get delays, incomplete answers, or even claims that documents were “never public” — even though I have screenshots showing otherwise.
In some cases, the documents provided weren’t even for our HOA, which raises serious questions about accuracy and accountability.
Arizona law (A.R.S. § 33-1805) seems clear that owners are entitled to timely access. My question is: what’s the most effective way to get results when the board/management stalls or deflects?
Have any of you had success with strategies like certified letters, petitions, or simply consistent pressure at meetings? I’d love to hear what worked (or didn’t) in your communities.
Thanks in advance — I think many of us are facing the same challenge, and your advice would really help.
About Post Author
6 Responses
Leave a Reply
You must be logged in to post a comment.
Leanne,
While anyone else is encouraged to chime in on your request, the law is clear that all association records are subject to review by any homeowner. The problem is that the law does not specifically identify what these communities are required to maintain relative to the business function of these communities, so attorneys use the Non-Profit Corporation Act to limit access to records. That act reasonably significantly limits access to records by shareholders of the corporation for legitimate reasons, but none of those corporations have the power to demand mandatory membership to the corporation based on buying a house or are allowed to generate all their income from mandatory assessments on homeowners. This is why every homeowner is entitled to view all association records, including, and especially, the association’s financial records. They are spending your money, and they are required to conduct all business in the best interest of the community members. We, as homeowners, are the only people who are entitled under the law to ensure that the association board and its agents are spending our money wisely, as per the law and the governing documents.
Dennis
Thank you, Dennis — that’s very helpful. I agree completely that homeowners should be able to review all records, especially financials, since we’re the ones funding the association.
My challenge has been what to do when management either delays or outright ignores requests. In my case, the management company won’t even provide me with contact information for our board members, which makes it impossible to raise concerns directly. The latest response I received was not a substantive answer at all but an unprofessional remark about me personally, which felt like an attempt to discourage me from pursuing records.
Have other homeowners run into this? What worked for you?
And Dennis — from your experience, what’s the most effective enforcement step when an HOA management company won’t comply with A.R.S. § 33-1805? Beyond certified letters, are there stronger measures homeowners can realistically use?
If we fund it, we should be able to see it.
Hi Leann,
I’m currently in the process of filing an ADRE complaint for failing to provide records. I have spent many hours preparing this case. I will post the case info and results on this page after the meeting. In my complaint, I am going to request the courts subpoena the records.
Cassie,
I have the same case and a scheduled mediaton next week. I was informed by ADRE that everything is confidential, so not sure how you can share results. This is too bad, because we could all learn from each other.
When I requested records, I never even received any sort of reply – yes, no or how do you do. Just crickets.
Not sure what exactly ADRE told you, but all ALJ case decisions are a public record available to anyone on the OAH’s website. The association is required by law to provide reasonable access to all non-confidential association records within 10 days upon written request. This is not optional; if the community manager fails to do so, then the association that hired that manager is responsible and accountable under the law. For the record, violation notices and fines are not confidential, and neither are ARC requests and dispositions.
Dennis
OH wow! I’m sorry to hear you’re having to go that far! It’s crazy how these HOA folks can be right? I do NOT understand! I wish you the BEST of luck and would love to hear any updates. I may not be very far behind where you are right now.