Arizona HOA Records Access: What A.R.S. 33-1805 Requires

What the law covers

A.R.S. 33-1805 dictates how homeowners and their designated written representatives in Arizona HOAs can inspect and receive copies of association financial and other records. It establishes deadlines for fulfilling records requests, caps the fee allowed for making copies, and lists specific categories of records that an association may withhold from disclosure.

Key requirements and limits

The statute establishes the following requirements and limitations regarding association records:

• Member Access: Financial and other records must be made reasonably available for examination by any member or a person designated by the member in writing.
• No Review Fees: The association is prohibited from charging a member or their written representative for making materials available for review.
• Copy Fee Cap: If a member requests copies, the association may charge a fee of no more than fifteen cents per page.
• Exempted Records: Books and records may be withheld from disclosure if they relate to:
  1. Privileged communications between an attorney for the association and the association.
  2. Pending litigation.
  3. Meeting minutes or records of a board session that is not required to be open to all members pursuant to section 33-1804.
  4. Personal, health, or financial records of an individual member, association employee, or employee of an association contractor.
  5. Job performance, compensation, health records, or specific complaints regarding an individual employee of the association or contractor working under the association's direction.
• Legal Restrictions: The association is not required to disclose records if doing so would violate state or federal law.

Notice, hearing and deadlines

The statute specifies two explicit ten-business-day deadlines:

• Examination Requests: The association has ten business days to fulfill a request for examination of records.
• Copy Requests: The association has ten business days to provide requested copies upon a request for purchase.

Practical checklist for homeowners

• Submit your request to review or copy records in writing to establish a clear date of receipt.
• If you are authorizing someone else to review records on your behalf, provide that designation in writing.
• Specify whether you are requesting to examine the records or purchase physical copies.
• Note that the association must respond within ten business days.
• Keep written records and receipts of any fees paid, ensuring copy fees do not exceed fifteen cents per page.
• Keep in mind that the association's governing documents and later amendments may also apply.
• Check the official statute text for any recent updates.