August 2002
Association Members' Request to Review Records and Documents
By Carolyn B. Goldschmidt, Esq.

Appeared in Newsletter for Southern Arizona Chapter Community Associations Institute

Most Boards of Directors have been faced with a demand from an Association Member to review voluminous documentation and financial records that pertain to the Association's operations. I have seen extensive record requests come from Members who have been cited for violation of the Covenants or in response to the levy of a special assessment by the Association. It is important for Directors to understand the Association’s duties, obligations and legal rights pertaining to responding to records requests from Members.

Generally, Sections 10-11601 through 10-11605 of Arizona's Non-Profit Corporation Act (the “Act”) governs the disclosure of the Association's books and records. This is because, in addition to being a Homeowners Association, just about all Associations in Pima County also are non-profit corporations and, therefore, are governed by the Act.

Required Permanent Records.
The Act provides that the following documents must be kept as permanent records by the corporation:

Minutes of the meetings of Members and Board of Directors.
Record of all actions taken by the Members or Board of Directors without a meeting.
Record of all actions taken by a Committee of the Board on behalf of the corporation.
Appropriate accounting records.
A list of the names and addresses of all Members in alphabetical order, by class of membership, showing the number of votes each Member is entitled to cast.
A copy of the following must be kept at the corporations principle place of business:

The corporation's most recent Annual Report delivered to the Arizona Corporation Commission.

Member’s Right to Inspect Certain Records. According to the Act, any person who has been a Member of the Association for at least six months prior to the date of a records request, is entitled to inspect and copy any of the records listed in Paragraph 6 above, during regular business hours, if the Member gives the corporation written notice of its demand at least five business days before the date on which the Member wishes to inspect and copy the documents.

Records Requests that Require Showing of Proper Purpose. Certain records are subject to inspection and copying by a person who has been a Member of the corporation for at least six months prior to the date of demand, provided that the following information is provided:

The Member's demand must be made in good faith and for a proper purpose.
The Member must describe with reasonable particularity the Member's purpose and the record the Member desires to inspect.
The records must be directly connected with the Member's purpose.
The records which are subject to inspection upon a showing of proper purpose as described in the previous paragraph are:

Minutes of meetings of the Members and Board of Directors.
Record of all action taken by Members or the Board without a meeting.
Record of all action taken by a Committee of the Board on behalf of the corporation.
Accounting records of the corporation.
The list of Members.
The corporation's most recent financial statements showing in reasonable detail its assets and liabilities.

Privileged (Nondisclosed) Records
Certain records are not open for examination, unless the Board has provided express permission to the Member allowing such inspection. These include:

1. Personnel matters or a person

Certain records are not open for examination, unless the Board has provided express permission to the Member allowing such inspection. These include:

1. Personnel matters or a person’s medical records.
2. Communications between the Association's attorney and the Board.
3. Pending or contemplated litigation.
4. Pending or contemplated matters related to enforcement.
5. Minutes of the meetings of the Board held in executive session.

Details of Records Production.
The Member's agent or attorney has the same inspection rights as a Member. The Association may, in lieu of an inspection, furnish the Member with copies of the documents requested. The Association may impose a reasonable charge for the actual cost of time and materials for providing copies of any documents. The customary charge is $.15 per copy and $10.00 per hour for staff time to copy the documents.

If the corporation does not allow a Member to inspect and copy the documents requested, the Court may summarily order inspection and copying of the records and award the Member judgment for his or her costs and attorney fees. This will not be true if the Association can show that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the Member to inspect the records. At this point, the Court may award the Association judgment for its costs and attorney fees incurred.

It is important for the Board and the Association's property manager to understand which documents and records must be released upon a Member's proper request, and which documents and records only need to be released upon a showing of good faith and proper purpose.

Carolyn B. Goldschmidt, Esq. is a certified real estate specialist with the
state bar of Arizona. Her practice focuses on community association law.


The open meeting law set forth in the Condominium Act and the Planned Communities Act states the purposes for which an executive session can be held. These are the same purposes set forth in 1-4 of this section. The open meeting law set forth in the Condominium Act and the Planned Communities Act states the purposes for which an executive session can be held. These are the same purposes set forth in 1-4 of this section.