A.R.S. § 10-11604

Planned Communities & Condominiums

Court ordered inspection

Planned Communities & Condominiums · Text verified 2026-07-25

In plain English: Provides a court remedy when the association refuses a proper request to inspect records. If the association will not let a qualifying member see the core records, the court in the county of its known place of business may order inspection and copying at the association's expense; for other records, the member may apply for an order and the court handles it on an expedited basis. If the court orders inspection, it generally also orders the association to pay the member's costs and reasonable attorney fees, unless the association refused in good faith with a reasonable basis for doubt; the court may instead order the member to pay costs if the demand is denied in whole or material part. The court may also place reasonable restrictions on how the member uses or shares the records.

10-11604. Court ordered inspection

A. If a corporation does not allow a member who complies with section 10-11602, subsection A to inspect and copy any records required by that subsection to be available for inspection, the court in the county where the corporation's known place of business is located may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the member.

B. If a corporation does not allow within a reasonable time a member to inspect and copy any other record, the member who complies with section 10-11602, subsections B and C may apply to the court in the county where the corporation's known place of business is located for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis.

C. If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the member's costs, including reasonable attorney fees, incurred to obtain the order, unless the corporation proves 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 demanded. The court may order a member to pay all or a portion of the corporation's costs, including reasonable attorney fees, if the demand to inspect is denied in whole or in material part.

D. If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding member.