Is contracts (pool/pest) closed to board members only?

TaraR (Arizona)
Posts: 24

Posted:

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

Posted:

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 (California)
Posts: 8

Posted:

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.