Phoenix - Homeowner's Privacy

Started by LuciC • 9 replies • 1399 views

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LuciC
Posts: 32

Posted:

Hi,

What constitutes or entails the privacy of homeowners regarding violation letters.

Presently, we have a serious problem with various violations, and our management company writes"

"I cannot comment on violations and financials of other lots as this is a privacy issue." (financials were never our question)

We only want to know if the Board and MC are pro-active, and why the problems have not been resolved after three to six months. How do we know that any or all of the compliance letters have been sent?

Thanks

TonyM3 (Arizona)
Posts: 170

Posted:

IMO the best thing to do is attend a meeting and request a few minutes to address the Board. Even though they won't name names, a frank discussion will usually come about. You'll often find the Board is doing the best they can as it (violation enforcement) can be a long and tedious process.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Luci,

The open meeting law states several reasons (consider confidential matters)for a closed session one of which is to discuss:

"Personal, health or financial information about an individual member of the association. . ."

Many boards use this as a basis for not releasing any info regarding violation letters. If you see things which you consider to be violations and think nothing is being done about it, why not report the violation(s) yourself? The prop mgr should be able to tell you if any action was taken on your complaint. There is nothing in state law which prevents this. Afterall, you already know the name of the person whom you feel has committed a violation, so what private info is to be protected?

IMO, the board should state in an open meeting what action is being taken to correct any CCR violations. However, there is nothing in state law requiring this.

You could also bring up your concerns at the next board meeting. Tell them all the violations you've noticed over the last six months that still have not been corrected and ask why!!

LuciC
Posts: 32

Posted:

Hi All,

Found this in the Internet and sent it to our MC:

December 18, 2007
OAH-08-005: record access and personal info

In this complaint, the homeowners sought the name of the HOA board member who was guilty of a violation of the HOA rules, but was denied under ARS 33-1805(B)(4), “personal information”.

The ALJ ruled in favor of the homeowner:

13. The identity of a lot owner within a homeowner’s association is public information that is available through various public entities. There is no basis in law for concluding that a violation of Association’s governing documents is confidential information because it is personal. By analogy, civil and criminal cases involving alleged violations of law, including administrative proceedings, unless specifically identified as confidential by statute, are public proceedings.

14. The Administrative Law Judge concludes that certain information such as when a member will be away from his home, social security numbers, birth dates, and sensitive information such that a reasonable person would expect such information to remain confidential would fall within the classification of personal records that would not be subject to disclosure. Consequently, the Administrative Law Judge finds that an association member should be able to inspect homeowner’s association documents reflecting the business of the association, including citations or notices of violations, which are not of such a personal nature so as to remain confidential.

RobertM11 (Arizona)
Posts: 5

Posted:

As a board member for an HOA in AZ, I would be hesitant to release details of individual violation records to other owners, although I certainly support releasing the aggregate violation reports, even on a block by block basis. Not having violations remedied in 3 months is not unusual if the property in question is not responding to violation notices or just paying the fines (not likely). Legal action to enforce remediation of violations is prohibitively expensive for most HOA's, the usual action is to keep trying to collect the fines and take legal action once the fine amounts make collection worthwhile. One wage garnishment and the violation usually goes away and stays away; that can take up to a year to complete all the legal steps and assumes that a justice court judge agrees with the HOA.
The bigger issue that I have seen is that people always assume that theirs is the one and only violation letter being sent out and that management and the board is targeting them and only them. Hopefully, the HOA and management company are not engaging in this type of behavior (although I am sure that it occurs).
My suggestion is for you to run for the board of directors and then you will be privy to all your neighbors violations and you can oversee the management company and make sure that they are following the rules when issuing violations.

TonyM3 (Arizona)
Posts: 170

Posted:

Interesting find there LuciC...where did you find the information as it relates to a Board member's records?

https://portal.azoah.com/prolaw/docs/22319382/181959.doc

📎 Attachments (1):

📝1829461514071.doc(58 KB)

MaryA1 (Arizona)
Posts: 7,043

Posted:

Luci,

Very interesting! Hope all the HOA attorneys are now aware that they can no longer advise their boards that they can use the "personal info" excuse for not releasing info pertaining to violation notices. Since Ekmark's firm was the HOA attorney, that should mean the majority of HOAs will now have this info!

LuciC
Posts: 32

Posted:

Hi Gang,

http://azhoaoah.wordpress.com/
(third article)

First, I would like to thank everyone for replying to me.

Second, I have lived in our community nearly 11 years and have been on the Board 3 times as VP, Sec, and Treasurer. Therefore, among other issues, I am aware of the AZ community association legislation, such as new regulation regarding liens which I believe was passed in 2005 or 2006.

I receive quarterly updates (free) from Mulcahy Law Firm. If you are interested, please go to

http://www.mulcahylaw.net

Have a nice weekend.

Luci

MaryA1 (Arizona)
Posts: 7,043

Posted:

Luci,

I have researched my records and cannot find that any legislation has been passed regarding liens going back as far as 2004. Can you please quote the specific statute that was changed so we will know exactly what you are talking about?

LuciC
Posts: 32

Posted:

Hi All,

Since OAH-08-005 was enforced, several of or AZ HOAs found the reasons why the Board and PM hid/hide behind "personal information"

- Board members and friends were not receiving violations
- PM unorganized and it was "hit and miss" with violations
- Board did not take a pro-active interest
- drumming up business for the lawyers

Luci

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