2017 Top Ten List on Arizona Open Meeting Law
Here it is! The list you’ve all been waiting for! We have compiled the absolute “need to know” bullet points about Open Meeting Law for Arizona Homeowners Associations.
- Arizona Open Meeting Law is in place to protect the health of the homeowners association, by protecting members from being excluded and deterring any “secret” decision making by the HOA Board.
- The law requires the homeowners association has at least one meeting a year, and take place in the State of Arizona.
- All meetings of the homeowners association, board of directors, and regular committee meetings are open to all members of the association (notwithstanding any provision in the association documents).
- As long as it is in writing, a member may send any person they designate, to the meeting as their representative
- The homeowners association must give at least 48 hours advance notice of the meeting date, time, and place. The information can be posted by newsletter, conspicuous posting or other reasonable means.
- Persons attending the meeting may tape or video record any portions they wish, during an open meeting.
- A portion of the meeting can be closed, only if it meets criteria of an executive session.
- The agenda of the meeting shall be available to all members attending.
- An emergency meeting of the HOA Board may be called only to discuss business or take action that can not wait until next regularly scheduled meeting (minutes must be recorded and read at next regularly scheduled open meeting).
- Any quorum of the HOA Board that meets informally to discuss association business, shall comply with the open meeting and notice provisions, without regard to whether the HOA Board votes or takes any action, on any matter, in the informal meeting.
Thank you Mulcahy Law Firm for contribution to this blog article. Please share our “Top Ten List on Arizona Open Meeting Law” with your HOA Board! Download Mulcahy Law Firm’s detailed Community Association Cheat Sheet on this topic, here.
What about Board discussions held via email where a quorum of Board members participate? Do open meeting laws apply to email “meetings” or discussions? What about items that would normally be handled in an Executive session but are discussed via email?
Can board members speak to each other about things that need to be done on the property informally with each other?
Yes board members can discuss issues, but no decisions are to be made outside an open meeting, unless there is an emergency that needs immediate attention.