records request response via email
Dennis,
I requested records via email to property manager and asked that he respod with the record attahed via email. His respose was to require I view in person or pay 15 cents per page for a copy. I again asked him to send me the doc via email. He has not respoded and the 10 days is passed.
Previously, his response was to send the records that were requested via email to a member that had requested the record.
Questions
1. Does the way the law is written include email as a modern option for receiving records? A quick pdf attachment email response saves time and money.
2. How do I go forward – as I am being treated differently than another member? I have made him aware that he has previously sent records via email, and that it isn’t legal to treat one member differently than another.
Thank you for all you do.
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Barbara,
The law requires that you be provided the opportunity to view the records and if you want to keep the records that you pay $0.15 per page to cover copying expenses. While you are absolutely correct that the process of sending already electronic records via email is quicker and easier the law does not require them to do that. It does not prevent them from doing that, but they will simply not do anything that they are not required by the law to do. Even if it is harder for them, because it is also harder for all of you. If they make it harder for you then maybe you won’t ask them for records? You see community management has absolutely nothing to do with community service but does have absolutely everything to do about making money for the least amount of work. The fiduciary duty of treating all members fairly applies to the association board not to the community manager.
Dennis
Dennis,
Is not the work of the manager at the Board’s behest, and by extension as representative of the Board? When I was on the Board I received training regarding taking care to treat every member the same, especially around notices, delinquencies, and fines. The manager does this work as well.
Barb
Barbara,
You are absolutely correct but the nothing in law dictates that the community manager must do anything. Thanks to the work of the trade organization AACM Arizona Association of Community managers. The fiduciary duty of the board is absolutely true, but it is their duty to apply that behavior expectation to any agent that works for them either in direct guidance or by contractual term in the contract between the association and the community management firm. Your board training was absolutely correct the board has an absolute duty to treat all homeowners fairly. All the laws then apply directly to either the association as a body or the board of directors. There are only a few very limited mentions of “community managers” in statutes. That is totally left to the associations to negotiate in their contracts with these organizations. Unfortunate very few boards actually do this and simply accept the terms and conditions written by the community managers in these contracts.
Dennis
Dennis,
I have decided to pay the .15/page. However, is there actionable recourse? It seems to me that based on what you say the board, HOA, cannot be held accountable for any/all the work the manager does. This makes no sense to me as they pretty much do all the work of the HOA at the boards request.
Thanks again, Barb
Barbara,
That is not what I said at all. I said that the law holds the association accountable to their duties, but the law does not address the management company at all. The association cannot escape that responsibility if it allows the management company to violate the law. As an agent of the association the association is accountable for everything that the management company does. You cannot sue the management company, but you can sue the association for what it allows the community manager to do. That is why whenever a management company does something wrong the first recourse for any homeowner is to report that action to the board. So that the board can take appropriate actions to correct the issue. Why do you think that so many management companies will never allow homeowners to contact the board directly. If the board is kept in the dark the management company get away with it unless someone takes the association to court based on the actions of the management company.
Dennis