Get 2 months of free community web site hosting from Community123.com!
Friday, October 18, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Is contracts (pool/pest) closed to board members only?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
TaraR
(Arizona)

Posts:24


07/19/2006 5:03 PM  
Question: I live in Gilbert, AZ. I requested to see the pool and pest contract regarding the community common grounds. The board’s response was for me to identify what questions I have and they can answer them, not willing to let me look at the contract myself. As a homeowner and/or a pool committee member, can I view these or are they closed to only the board?
WilliamT
(Arizona)

Posts:489


07/19/2006 5:38 PM  
Tara,

Here is the current statute for Arizona. It changes on September 21, 2006

33-1805. Association financial and other records

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.

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 or contemplated 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.

4. Personal, health and 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.

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.

C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.

For the changed statute effective Sep 21, 2006 go here:

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/47leg/2r/bills/sb1007s.htm

Then scroll down to see the new version for 33-1805

You are entitled to see the contract that you're asking for. Show the board this copy of the Arizona Statutes.

It's all on the web and you can find it by using Google or Yahoo.

Bill

MonicaD


Posts:0


07/20/2006 8:31 AM  
Tara,

I also live in AZ and William is correct. Just one more thing...with the law change coming in September...If you request a COPY of the contract then the association can charge you a nominal fee per page (I've heard the number 15 cents per page). However, you can make an appointment to go to the Management Company/Association office and review/read a copy there for free. In September, the law changes to require an association to comply within 10 business days. Hope this helps.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Is contracts (pool/pest) closed to board members only?



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement