Are Your HOA’s “Open Meetings” Really Open?
Arizona HOA Open Meeting Laws
In Arizona, an HOA Board must hold a meeting at least once per year to discuss HOA business, allow Association Members to provide feedback, and, occasionally, vote for new Board Members. Arizona law requires that this meeting and other meetings which may be called by the Board or by Association Members themselves must be “open.” What exactly does it mean for an HOA meeting to be open?
For an HOA meeting to be open, the Board must (1) inform Association Members of the time and place of the meeting at least 10 days in advance of the meeting; (2) open the doors for Association Members to attend; (3) allow Association Members the chance to speak to all attendees; (4) permit the meeting to be recorded; and (5) provide each attendee with a copy of the agenda.
Arizona law allows the Board to temporarily “close” the meeting when (1) an attorney gives legal advice to the Board; (2) the Board discusses pending litigation; (3) the Board discusses confidential information about an individual Association Member; (4) the Board considers the employment of an HOA employee or contractor; (5) the Board deliberates an individual Association Member’s appeal of a violation cited or penalty imposed by the HOA.
If your Board fails to hold an open meeting without being able to specifically cite to one of the five exceptions recognized, then the Board may be in violation of Arizona’s open meeting laws.
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