Arizona HOA Open Meetings: What A.R.S. 33-1804 Says

What the law covers

A.R.S. 33-1804 applies to meetings of the members' association, the board of directors, and any regularly scheduled committee meetings. These meetings are open to all members or to a person designated by a member in writing. The law also covers when a meeting may be closed, notice and agenda requirements, recording of open meetings, and the state policy favoring open meetings. The association's governing documents and later amendments may also apply.

Key requirements and limits

• Open attendance: All members and designated representatives may attend and speak at an appropriate time. The board may set reasonable time limits but must allow a member or representative to speak once after the board discusses an agenda item and before formal action on that item.
• Speaking on each side: The board must provide a reasonable number of persons to speak on each side of an issue.
• Recording: Attendees may audiotape or videotape open portions. The board cannot require advance notice of taping. If the board records an open meeting, it must keep the recording for at least six months and provide the unedited recording to any member on request under section 33-1805, subsection A.
• Closed meetings: A portion may be closed only for consideration without action on listed topics, including legal advice, pending or contemplated litigation, personal health or financial information about individuals, certain employee matters, or a member's appeal of a violation or penalty unless the affected member requests an open session.
• Location and frequency: Meetings must be held in this state. The members' association must meet at least once each year.
• Informal meetings: A quorum meeting informally, including workshops, must follow open meeting and notice rules even if no vote is taken.

Notice, hearing and deadlines

• Members' meetings: Notice must be hand delivered or sent by prepaid U.S. mail not fewer than ten or more than fifty days in advance. The notice states the date, time, place, and purpose. The secretary must also provide an agenda by hand delivery, mail, website posting, email, other electronic means, or posting at a community center or similar location.
• Board meetings after declarant control ends: Notice and agendas must be given at least forty-eight hours in advance by newsletter, conspicuous posting, or another reasonable means determined by the board. Notice is not required if emergency circumstances require action before notice can be given.
• Emergency meetings: May be called for business that cannot be delayed for the forty-eight-hour notice. The board may act only on emergency matters. Minutes must state the reason and be read and approved at the next regularly scheduled meeting.
• Validity: Failure of a member to receive actual notice or an agenda does not affect the validity of action taken at the meeting.

Practical checklist for homeowners

• Read your governing documents and check the official text for updates.
• Keep copies of notices and agendas you receive.
• Note that meetings must be held in this state and that members' association meetings must occur at least once each year.
• If a meeting is closed, look for the board's identification of the authorized paragraph under subsection A.
• Request unedited recordings of open meetings if the board records them; the board must keep a copy for at least six months.