Arizona HOA Records Request Rules: ARS 33-1805 Explained

Quick answer: Under A.R.S. 33-1805, an Arizona HOA must make its financial and other records reasonably available to any member, or the member's written designee, within ten business days of a request to examine them, and it cannot charge for the review. If the member asks for copies, the association has ten business days to provide them and may charge no more than fifteen cents per page. The association may withhold only the categories the statute lists: attorney-client communications, pending litigation, closed-session board records, individuals' personal, health or financial records, and employee personnel records.

Records requests are where a board's recordkeeping is tested in public. Here is what the statute requires, sentence by sentence, and a simple process for the secretary.

Who can ask, and what they can see

A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.

So a member can send a spouse, attorney or real estate agent, as long as the designation is in writing. The default is that all financial and other records are available. The exceptions are narrow and listed below.

Deadlines and fees

The statute's fee limit for copies:

An association may charge a fee for making copies of not more than fifteen cents per page.

Count business days, not calendar days, and start the clock when the request arrives. Log the date.

What the board may withhold

B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following: 1. Privileged communication between an attorney for the association and the association. 2. Pending litigation. 3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1804.

The list continues with two more categories: personal, health or financial records of an individual member, employee or contractor's employee (including association records directly about that information), and records about the job performance, compensation, health or specific complaints against an individual employee or a contractor's employee who works under the association's direction.

Two things to notice:

• Withhold the portion, not the whole record. The statute says records may be withheld to the extent that the portion withheld falls into a category. Redact the owner's account details from a delinquency report; don't refuse the whole report.
• Closed-session minutes depend on ARS 33-1804. Only sessions that were properly closed under the open-meeting statute qualify. See our guide to ARS 33-1804 Arizona HOA board meetings and how to keep HOA executive session minutes.

Subsection C adds that the association is not required to disclose records if disclosure would violate state or federal law.

A records-request process for the secretary

1. Log every request with the date received, who asked, any written designation, and what was requested.
2. Calendar the 10-business-day deadline.
3. Pull the records and set aside anything in a subsection B category. Redact rather than withhold where possible.
4. Offer a time to review (in person or electronically) at no charge.
5. If copies are requested, count the pages and bill no more than fifteen cents per page.
6. Record the response in the log: what was provided, what was withheld and under which category.

Keeping minutes approved and filed makes this easier. Our guides on how long to keep HOA meeting minutes and the board secretary's duties cover the rest. Ballots from member votes are records too, and A.R.S. 33-1812 requires keeping them available for inspection for at least one year; see Arizona absentee ballot rules.

Financial records owners ask for most

Expect requests for bank statements, the general ledger, invoices, contracts, the budget, the reserve study and the annual audit, review or compilation. Our partners at Dynamite Management explain the annual report requirement in Arizona HOA audit requirements under ARS 33-1810. With HOA Fiscal, the books and minutes live in one place, so pulling records takes minutes instead of days.

FAQ

How long does an Arizona HOA have to respond to a records request? Ten business days, both to make records available for examination and to provide copies a member has asked to buy.

Can an Arizona HOA charge to review records? No. The association cannot charge a member or the member's written designee for making material available for review.

How much can an Arizona HOA charge for copies? No more than fifteen cents per page.

Can a member send someone else to review the records? Yes, if the member designates that person in writing as the member's representative.

What records can an Arizona HOA keep confidential? Only the portions relating to attorney-client communications, pending litigation, properly closed board sessions, individuals' personal, health or financial records, and employee job performance, compensation, health or complaint records, plus anything whose disclosure would violate state or federal law.

This is not legal advice. Confirm with the current text of A.R.S. 33-1805 and your association's attorney.

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