Architectural Committee Records Access

Started by KateO2 • 3 replies • 122 views

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KateO2 (Arizona)
Posts: 1

Posted:

I'm in AZ and am on the Architectual Committee of a huge, but old, HOA. We have a new management company (change from Exec Director) who are saying that the Architectural Committee does not have access to violation history, even though we've had it for years. The Arch. Committee was specifically established in the CC&Rs and its powers very broad (as in maintain the the aesthetic quality of the subdivision). We have a set of Architectural Guidelines we use as a baseline. We want access to determine if violations for any given homeowner are on-going; to ensure compliance (and mgmt company)is doing their job; to determine if a homeowner received prior approval (a big issue in this old community); etc Mgmt company says access to violations is against AZ State Law, but has not refenced this to me. Thoughts? BTW, the access to violation history is only used by the Committee and not shared with anyone except Mgmt and the BOD.

ElleN (Idaho)
Posts: 1,334

Posted:

Observations and queries:

--In fact, Arizona statutes indicate any owner has a right to view architectural violations associated with any lot. For good reason.

-- The management company (MC) might mistakenly think that these architectural records are "personal" and hence ARS 33-1805 says the HOA can withhold these records.

-- In fact architectural records are not personal.

-- ARS 33-1817 B says a board member must serve as the chair of the architectural committee. Is this the case for your HOA's ARC?

I suggest the board do the following:

-- Ask the MC to identify the statute section that would be violated by sharing architectural violations with the ARC (architectural committee).

-- Ask the MC to pinpoint what it thinks is the relevant wording in the statute.

-- Ask the MC if its managers are attorneys.

--If the MC's managers are attorneys, ask the MC if an attorney-client relationship exists between its managers and your HOA.

-- Ask the MC if it thinks it is giving legal advice here.

-- If the MC agrees it is giving legal advice here, asking the MC how it can lawfully do so given either (or both): (1) the statutory prohibition against practicing law without a license and (2) giving advice to someone who is not a client; all in exchange for what the HOA pays the MC. (When a non-lawyer takes money in exchange for giving legal advice, he or she is breaking the law. HOA managers have been nailed for this.)

-- Ask the MC if it will share the architectural violations history if a board majority votes for the MC to do so.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By KateO2 on 03/27/2025 12:51 PM
I'm in AZ and am on the Architectual Committee of a huge, but old, HOA. We have a new management company (change from Exec Director) who are saying that the Architectural Committee does not have access to violation history, even though we've had it for years. The Arch. Committee was specifically established in the CC&Rs and its powers very broad (as in maintain the the aesthetic quality of the subdivision). We have a set of Architectural Guidelines we use as a baseline. We want access to determine if violations for any given homeowner are on-going; to ensure compliance (and mgmt company)is doing their job; to determine if a homeowner received prior approval (a big issue in this old community); etc Mgmt company says access to violations is against AZ State Law, but has not refenced this to me. Thoughts? BTW, the access to violation history is only used by the Committee and not shared with anyone except Mgmt and the BOD.

I have never heard of an ARC that was charged with supervising the property manager and enforcing violations. Before you stir up the natives, you should get clarification from the board you serve at the pleasure of.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Typically committees serve at the pleasure of the board, have no independent authority, and may be disbanded with or without cause. They serve as advisors and assistants. Similarly, committee members may be removed with or without cause.

Authority to enforce the governing documents and to supervise employees and contractors lies with the board and may not be delegated, although some of the grunt work may be delegated if the bylaws permit. An architectural committee that has enforcement authority is an outlier.

Usual caveat: different states and different communities may do this differently. Read your community's bylaws to see what committees are allowed to do.

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