By Beth Mulcahy Esq.

Question: Our association has an owner who requests to review records on a monthly basis. This is starting to become a pain and it requires a lot of time. What are our responsibilities under Arizona law to provide these records to this owner?

Pursuant to A.R.S. 33-1805 (Planned Community)/ A.R.S. 33-1258 (Condo), 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.
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 an executive session board meeting;
4. Personal, health or financial records of an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association; and
5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association. Legislation enacted in 2006 entitles owners to see association books and records pertaining to “contemplated” litigation.

It is important to note that an association cannot charge a member for making books and records available for review. However, the association can charge 15 cents per page for copies of records. An association has ten (10) business days from submittal of a written request by an owner or an owner’s designated agent to make records or copies of the requested records available.

Inspection limitations could include: 1. Inspection and copying of records is limited to regular business hours at the association’s principal office; 2. Membership lists or any part may not be used for any purpose other than a member’s interest as a member; and 3. Membership lists cannot be used for solicitation or sold.

If you are unsure what records can and cannot be released to association members please contact Beth Mulcahy, Esq.