Can my HOA management company withhold contrator information?

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Can my HOA management company withhold contrator information?

HOA withholding contractor information preventing me from filing a complaint with the registrar of contractors Arizona. We had a contractor sent out by the HOA management company. They did not perform a repair to the roof correctly. It is still leaking. The contractor became abusive when I asked him to remove his work and placed a stop payment on the check. The HOA manager placed the stop payment at my request I did not ask this out of the blue, I gave the contractor multiple chances to meet with me and correct the repair. He cancelled both appointments with no explanation. Our HOA management company has been dodging the contractors information request for 6 months now.

Asked on July 24, 2019 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, they can withhold the information unless and until you file a lawsuit, since in a lawsuit, you can get this information (you can use legal processes or techniques called "discovery," such as a subpoena, to get the information). 
You can file a lawsuit under a "fictitious" or made-up name, such as "John Doe, Contractor" or "Contracting Company A." Then once the lawsuit is filed, you can issue a subpoena to the HOA for the information: they will have to obey it, since it will be legal or court process. Once you get the name, you then "amend" or revise the complaint with the actual name and serve it on the contractor. You'd sue for the losses you suffered: e.g. the cost to have the work redone properly; any additional damage (such as by leaks) caused, etc.


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