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JohnD31 (Arizona)
Posts: 2
Posted:
Do members have a right to ask to see the books? Does the HOA board have to open their books to members if asked and show all record keeping? what happens if a boards doesn't want to share the books how can you hold them accountable?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnD31 on 08/14/2011 12:17 AM
Do members have a right to ask to see the books?

Short answer is yes.

If your in a condominium this is based on AZ 33-1258.

If your not in a condominium this is based on AZ 33-1805.

Quote:
Posted By JohnD31 on 08/14/2011 12:17 AM
Does the HOA board have to open their books to members if asked and show all record keeping?

Yes and no.

There are some limitations on what records you may see. These are typically things like your neighbors account of Assessment payments, legal issues, etc.. These are listed within the links I provided.

If there is pending or actual litigation between you and the Association, the board can force you to go through the discovery process and withhold most (if not all) information until you do. Therefore, whenever you make a request, don't mention lawyers, courts or that you might file legal action as this would place you in the this category.

Per AZ law, the Association has 10 days (typically business days - so two weeks) to comply after they receive the request.

Quote:
Posted By JohnD31 on 08/14/2011 12:17 AM
what happens if a boards doesn't want to share the books how can you hold them accountable?

States see this type of an issue as a civil matter. As a civil matter you would need to take the matter to court to force them to comply.

Typically, most Associations are willing to show you the information. Those who might say no initially usually are not aware of the law. Therefore, it's usually good to cite the law and the section of your governing documents when submitting your written request.

Something like:

I am the owner of lot # at address and a member of the Association. In accordance with our [name of Association Document], [article, section number] and AZ law, [statute number] I am requesting access to review the following records of the Association:
[List of documents]
I can be reached at the following [phone, e-mail, etc.]

If you do have to get legal involved, a letter from an attorney might be all that is needed.

Please note: Reviewing the records is not the same as having copies. If you want copies, you will need to ask for them. Additionally, an Association may charge you for copies (15 cents per page).

Hope this helps,

Tim

SusanW1 (Michigan)
Posts: 5,202
Posted:
I think this is a misunderstood concept. There must be some structure to this "right" to see the financial records of the HOA.
I think Members should be able to see the year to date P/L/ statement, the Balance Sheet and the Budget vs. actual spending statements. Plus the minutes should reflect any other steps the board takes in spending monies outside the approved budget.

Members could ask to see a printout of any line item on the budget, such as the landscape costs. Any computer bookkeeping program can spit out that. (Quickbooks comes to mind) That would answer any specific question.

But to "open the books" without a specific question in mind is time consuming and smacks of being intrusive. Can you imagine - it would be a full time job sitting with people as they go thru all the HOA's transactions!!

I think the "right" to see the financials means that questions will be answered for specific questions, it does not mean the finanical records of the HOA are provided to anyone who wants to follow each and every step of the financial dealings of the HOA. Utter chaos.

What question could NOT be answered by providing the above information?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Susan,

I agree that it is certainly easier to answer a question and provide documentation to support that answer. I also agree that the individual should have some specific issue or item in mind when they request information.

I also believe that if the Board keeps the membership informed by making minutes and attachments (like balance sheets and expense reports) easily available (association web site, MC office in a binder, etc.), then the requests will be minimal - if any come in at all.

Tim

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