I am asked (almost on a monthly basis) whether a member, who has been issued a violation, has the right to see all other violation letters sent to other members of the association. Attorneys cannot agree on this issue. Part of the problem is because this issue has not been specifically addressed by the higher courts so it is subject to debate. Some lawyers argue that members DO have the right to see other violation letters sent to other members of the association because members have the right to prove that the board is not acting fairly. Those scholars rely on a recent court case called Tierra Rancho v. Kitchukov. That case held that a board must be reasonable. Reasonable enforcement is the fair treatment of all members equally. These scholars argue that any homeowner can prove fairness or unfairness by accessing other violation letters. Other scholars argue that violation letters may be kept confidential because they are “private information of the member” and can be excluded from disclosure under the Arizona statutes.
Authored by: Clint G. Goodman Attorney with Goodman Law Offices 1423 S. Higley Road, Suite 112 Mesa, AZ 85206 (480) 331-FIRM
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