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DennisS10 (Arizona)
Posts: 2
Posted:
We are in the process of transitioning from a declarant board to a homeowner board. The existing board (the declarant) set up a process to select the candidates. Basically of all the applicants, 10 were selected to be voted on for seven board positions. There were 26 applicants. I am trying to get a copy of the 16 applications that were rejected. I would think that since these were submitted with the idea that the public would see them, they could not be considered private. However I am not sure the Freedom of Information Act applies fully to HOAs. Any help would be appreciated.
Dennis
SheliaH (Indiana)
Posts: 6,964
Posted:
I believe there's a federal freedom of information act and many states have their versions, but I don't think either apply to HOAs, only government agencies.

Generally, the developer runs the show until the community's turned over to the homeowners, so it may have been within its rights to select Mr. X and Mrs. Y for board positions vs. other applicants. Once the community is turned over, there could be another election and those positions are opened up again (some of the ones selected may decide they don't want the job after all). Have you asked these questions of the developer and if so, what was the response? The process might have also been a factor. For starters, was there a deadline to apply - if so, perhaps some of those applicants missed the cutoff date or time. What were the criteria for the applicants - it may be some applicants met them and others didn't. You might pose those questions as well.

Now that a homeowner board has been established, the finalists may turn out to be good people, so give them a chance and see how they run things. You can always run against them when the time comes and by then, the board may want to change up the process, such as sponsoring a "meet the candidates" meeting event, where other homeowners can listen to the candidates make their case for election and ask questions.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeidreB (Virginia)
Posts: 113
Posted:
Dennis,

I'm from Virginia. We have a law that covers this. I came up with a good web page from Spectrum Mgt that refers to your Arizona laws on the matter of home owner access to HOA records (just look at the bottom). I will say that HOA law is very deferential to builders (declarant) but they still have to follow the law. A letter from an attorney may get it faster.

https://spectrumam.com/managing-records-requests-in-arizona/

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By DennisS10 on 01/28/2020 10:39 AM
However I am not sure the Freedom of Information Act applies fully to HOAs.


I think there may be a few states where expansive sunshine laws apply to HOAs, but I do not believe Arizona is one of them. The good news though is that many states' corporate, HOA and condo statutes, including Arizona's, provide HOA/condo members with expansive rights for records review. Check to confirm that your HOA is covered under the statutes listed at, say,

https://goodlaw.legal/arizona-az-hoa-statutes/,

then go to the records inspection section of the statute. E.g. https://goodlaw.legal/arizona-az-hoa-statutes/10-11601-corporate-records/

Hopefully the applicable HOA or condo statute for where you live will be a bit more expansive as to what records you can request. I find the Arizona HOA/condo statutes a little difficult. It's hard sometimes just figuring out whether they apply to a particular HOA/condo. Lots of loopholes. If your HOA/condo's declaration specifically states what statute applies, then that statute is the one you want to search for what rights HOA/condo members have to view HOA/condo records.

When you make the request, cite the statute. No drama. Stay emotionless.
BenA2 (Texas)
Posts: 1,273
Posted:
It is going to be state specific. I'm pretty sure the federal FOIA only applies to federal government agencies. to HOAs. In Texas, almost all HOA records are open to any member but I think many states limit information that members can obtain.
CathyA3 (Ohio)
Posts: 6,299
Posted:
One other bit of information:

When those in charge (either the developer or the other directors after transition) appoint directors to fill open seats on the board, they can appoint whomever they choose. They can limit their search to people with purple hair if they like, and that's perfectly legal.

So finding out who was not appointed may or may not tell you anything useful, and you would be misleading yourself if you try to draw any conclusions from it.

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