In this complaint, the homeowners sought the name of the HOA board member who was guilty of a violation of the HOA rules, but was denied under ARS 33-1805(B)(4), “personal information”.
The ALJ ruled in favor of the homeowner:
13. The identity of a lot owner within a homeowner’s association is public information that is available through various public entities. There is no basis in law for concluding that a violation of Association’s governing documents is confidential information because it is personal. By analogy, civil and criminal cases involving alleged violations of law, including administrative proceedings, unless specifically identified as confidential by statute, are public proceedings.
14. The Administrative Law Judge concludes that certain information such as when a member will be away from his home, social security numbers, birth dates, and sensitive information such that a reasonable person would expect such information to remain confidential would fall within the classification of personal records that would not be subject to disclosure. Consequently, the Administrative Law Judge finds that an association member should be able to inspect homeowner’s association documents reflecting the business of the association, including citations or notices of violations, which are not of such a personal nature so as to remain confidential.
