If you’ve ever tried to act on behalf of a spouse, family member, or co-owner in dealing with your HOA — requesting records, speaking at a meeting, or handling a dispute — you may have run into a management company or board telling you they need a “notarized” letter, form, or proxy before they’ll deal with you. This article walks through what Arizona law actually requires, where notarization genuinely comes into play, and where it doesn’t — because these are two different things that get confused constantly, including by HOA management companies themselves.
The two things people mix up: “designated representative” vs. “proxy”
Arizona HOA law creates two separate, differently-regulated concepts that sound similar but are not the same thing. Confusing them is where a lot of unnecessary friction comes from — on both sides.
1. A “designated representative” for records requests (A.R.S. § 33-1805)
This is about who can request and receive HOA records — financial statements, meeting minutes, correspondence, and so on. The statute’s actual language:
“…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.” — A.R.S. § 33-1805(A)
That’s it. “Designated… in writing.” The statute does not say notarized. It does not require a specific form. It does not require witnesses. It simply requires that the member designate the representative in writing.
2. A “proxy” for voting at member meetings (A.R.S. § 33-1812 and your governing documents)
This is a completely different concept: who can cast a vote on a member’s behalf at an association meeting (elections, budget votes, amendments). Proxy voting is governed by statute and by each association’s own bylaws, and the rules here are more detailed and sometimes more restrictive:
- Arizona law prohibits using proxies to establish a quorum for board elections specifically (A.R.S. § 33-1812); associations generally use absentee or electronic ballots for that purpose instead.
- Bylaws typically require that proxies be in writing, dated, and filed with the Secretary before the meeting, and set an expiration (commonly 11 months from the date signed under Arizona corporate-law defaults, though your specific bylaws control).
- A proxy is generally revocable and automatically terminates on events like the sale of the property.
Where notarization sometimes legitimately comes in: some associations’ governing documents require additional formality — such as notarization — for certain specific actions, most commonly recall petitions, certain amendment consents, or other member actions carrying heightened legal significance. This varies association to association because it comes from each HOA’s own recorded governing documents, not a single statewide rule. If your bylaws or CC&Rs actually contain a notarization requirement for a specific action, that requirement is enforceable — but it has to actually be there in writing, in your specific governing documents, not simply asserted after the fact.
The practical test
If your management company tells you something needs to be notarized, here’s how to think it through:
- What are you actually trying to do? Getting records (§ 33-1805) is different from voting or a recall petition (§ 33-1812 and your bylaws).
- If it’s a records request: ask the management company to point to the specific statutory or governing-document provision that requires notarization. The statute itself only requires a written designation. If they can’t produce a citation, you may be dealing with an internal policy presented as a legal requirement.
- If it’s a voting proxy or a specific member action (recall, certain amendments): check your own association’s bylaws and CC&Rs directly. These are recorded and should be available to you. Some associations do have legitimate notarization requirements for specific, defined actions — but it has to be written into your governing documents, not applied inconsistently or invented on the spot.
- Ask for it in writing, and keep the answer. If a management company asserts a notarization requirement, ask them to identify the specific statute or governing-document section it comes from, in writing. It’s the only way to know whether you’re dealing with an actual legal requirement or an informal internal practice.
Why this distinction matters
Homeowners are often the ones bearing the cost — in time, in the expense of getting something notarized, and in delay — of a requirement that may not actually exist for the situation at hand. Management companies handle a high volume of requests across many communities and sometimes apply a blanket policy without checking whether it’s actually required for the specific type of request. That’s understandable as an efficiency measure, but it isn’t the same as a legal requirement, and homeowners are entitled to know the difference.
If you’re ever told a specific document must be notarized, it’s reasonable — and often useful — to simply ask: under what statute, or which section of our governing documents? If the answer is a specific, citable provision, you’re dealing with a real requirement. If the answer is “that’s just our policy,” you’re dealing with something else — and it’s worth knowing which one you’re facing before you spend time or money complying.