Question:
Can the HOA board in Arizona divulge fines levied against a homeowner ? I want to know if any fines have been levied against my neighbor who keeps violating the CC&Rs but the Board says they cannot legally divulge this info to me.
– Joe
Answer:
Hi Joe,
As per the Arizona Planned Communities Act Section 33-1805, there are certain books and records kept by or on behalf of the HOA that the board may withhold 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.
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, including records of the association directly related to the personal, health or financial information about 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.
In your case, your neighbor’s fines may fall under subsection 4. You should also check your governing documents for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
