Committee Meeting Minutes
Is there an Arizona statue that requires committees of the HOA to take minutes and make them available upon request to owners. In my case, I am trying to understand why the Architectural Committee ruled the way they did on a homeowner’s “Request for Change” to a property (i.e. a home addition). Which of the governing document if any did they state to reach their conclusion.
A second question: is the HOA board required through the request for information statute to provide a homeowner with any and all documents pertaining to an approval or denial of a “Request for Change”. In this case an addition was denied but I was told that the HOA board denied the RFC for a different reason than the Architectural Committee. This was not my RFC for a home addition but if constructed would have a negative effect on my property. I am trying to figure out what language in our governing documents each group used to arrive at to make their decision. In the meeting the architectural committee voted and then the board voted, but gave no explanation as to what they were voting on, just stated RFC # and the determination. the board meetings just reflect the RFC # and the board’s determination (i.e., approved or denied). Thanks
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Daniel,
Minutes are required for any association board meeting or committee meeting that takes action affecting homeowners. Those minutes are a record of the association subject to records request when they are approved by the respective body. Many associations have falsely claimed that those records are personal information and thereby protected, but that is totally false. While no current statute requires this, case law has established that every denied ARC request must identify the reason for that denial in the record and notice to the homeowner. I proposed legislation and will continue to do so that would make this a requirement of statutory law.
You’ll see my proposed legislation next year again until we can finally get some control expectations on design review within these communities.
Dennis
Dennis, you mentioned “case law has established that every denied ARC request must identify the reason for that denial in the record and notice to the homeowner.” Can you point me to that case law? Would love to read it. Tx for all that you do!