AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
azhoatruth@gmail.com
Login

Is an Arizona HOA subject to the Open Meeting Laws?

The President and Vice President tell me our HOA is exempt from the Arizona Open Meeting Laws while other in the HOA believe we are. If the HOA is in fact exempt, can you explain that for me? There is one issue in particular that I am concerned about and that is recording of the meeting by the HOA Board of Directors. Currently an audio recording is made of the meetings supposedly for the sole purpose of being able to transcribing the recording for written minutes. Once that is done they are deleting the recording. This doesn’t seem to be legal. Isn’t the recorded meeting part of a permanent record that should be made available to all members of the HOA?

4 Responses

  1. dennisl

    Art;
    All planned communities and condominium are subject to the respective open meeting laws of ARS Title 33 chapters 16 and 9 respectfully. If you are a HOA you are a planned community. The definition of planned community was changed I believe totally inappropriately to exempt Sun Cities Recreation Centers for liability for violating the law for 25 years. My greatest fear in the language chosen for that bill by SCRC attorneys would open the door for other communities to claim that they are not subject to the planned community statutes. If they are not claiming to be exempt from the planned community act then they are without question subject to the open meeting laws.

    In that law we guarantee the right for homeowners to either audiotape or videotape the meetings of the board or members. The board can deny that right only if they records the meeting for the entire community to use. They must provide an unedited viable recording available to any homeowner upon request.

    What it sounds like in your situation is that the board is recording the meeting only to assist in the creation of the minutes. This is both legal and appropriate. The minutes of the meeting are the official record for the association and not the recording tool that help develop those minutes.

    In this case why the association is recording the meeting is the key issue. Now you have not mentioned anything about whether the board is allowing homeowners to record the meeting. If they are not than this is an entirely different scenario. If they are denying you the ability to record the meetings because they are recording it for everyone, then deleting the recording would be illegal and inappropriate.

    Dennis

  2. Art Handy

    Thank you for you quick response. You have relieved my fears. The homeowners are allowed to audio/video record the meetings. Further, how long after the meeting is the BOD required to provide at least a draft of the meeting minutes?

    1. dennisl

      Art;
      There is no current requirement in law for meeting minutes draft or otherwise. Many association refuse to provide any minutes even if asked until they have been formally approved by the board. Their arguments for that are that the record request law only applies to association records and they claim that the minutes are not a record until approved by the board. If your board does this than they are simply distorting the law because they can, to keep what happens at a board meeting secret long enough for homeowners not to care. I introduced a bill sponsored by Representative Frank Carroll HB2483 that would have required the board to provide copies of draft meeting minutes 15 days after any open meetings upon request by any homeowner. Unfortunately that bill was killed this session by AACM and CAI but may reappear in 2021 if I have anything to say about it.

Leave a Reply