REFERENCE TITLE: homeowners' associations; electronic records; fees

 

 

 

 

State of Arizona

Senate

Fifty-third Legislature

First Regular Session

2017

 

 

SB 1429

 

Introduced by

Senators Farnsworth D: Allen S

 

 

AN ACT

 

amending sections 33-1258 and 33-1805, Arizona Revised Statutes; relating to condominiums and planned communities.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 33-1258, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1258.  Association financial and other records; applicability

A.  Except as provided in subsection c of this section, all financial and other records of the association shall be made reasonably available for examination by any member unit owner or any person designated by the member unit owner in writing as the member's unit owner's representative.  The association shall not charge a member unit owner or any person designated by the member unit owner in writing for making material available for review.  The association shall have ten business days to fulfill a request for examination.  On request for purchase of copies of records by any member unit owner or any person designated by the member unit owner in writing as the member's unit owner's representative, the association shall have ten business days to provide copies of the requested records.  An association may charge a fee for making paper copies of not more than fifteen cents per page.

B.  For any records that are requested pursuant to subsection A of this section by a unit owner or a person designated by the unit owner in writing and that are maintained in electronic format:

1.  The association shall not charge a fee if the electronic format records consist of nine or less megabytes of electronic data.

2.  The association may charge a fee of not more than five dollars for each additional nine megabytes of electronic data for electronic format records that exceed nine megabytes of electronic data.

3.  The association shall have ten business days to provide electronic copies of the requested records.

B.  C.  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 a board meeting that is not required to be open to all members unit owners pursuant to section 33‑1248.

4.  Personal, health or financial records of an individual member unit owner 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 unit owner 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.  D.  The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.

D.  E.  This section does not apply to an association for a timeshare plan that is subject to chapter 20 of this title. END_STATUTE

Sec. 2.  Section 33-1805, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1805.  Association financial and other records

A.  Except as provided in subsection C 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.  The association shall not charge a member or any person designated by the member in writing for making material available for review.  The association shall have ten business days to fulfill a request for examination.  On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.  An association may charge a fee for making paper copies of not more than fifteen cents per page.

B.  For any records that are requested pursuant to subsection A of this section by a member or a person designated by the member in writing and that are maintained in electronic format:

1.  The association shall not charge a fee if the electronic format records consist of nine or less megabytes of electronic data.

2.  The association may charge a fee of not more than five dollars for each additional nine megabytes of electronic data for electronic format records that exceed nine megabytes of electronic data.

3.  The association shall have ten business days to provide electronic copies of the requested records.

B.  C.  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 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.

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