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HOAs are NOT subject to AZ Open Meeting Laws???

I’m confused… I always thought HOAs WERE bound by AZ Open Meeting Laws…. but I just read the ARIZONA OMBUDSMAN WEBSITE https://www.azoca.gov/resources/faqs/open-meetings-law-faq/ and they say “Homeowners Associations (HOAs) are NOT subject to the Arizona open meeting laws. Planned communities, including HOA, are regulated by Title 33, Chapter 16 of the Arizona Revised Statutes. Specifically, A.R.S. § 33-1804 governs the open meetings of planned communities.”

I’m lost…

1 Response

  1. dennisl

    Fish7,

    The confusion comes from the fact that their are two separate and distinct open meeting laws in Arizona Statutes.

    The first applies to all public bodies and is defined in ARS -38-431 and is enforced by the Attorney General and the Ombudsman. The second is established for Condominiums and Planned Communities in ARS 33-chapter 9 and 16, and is enforced only by the homeowners.

    The attorney General and the Ombudsman are prevented by law form having anything to do with the Title 33 open meeting laws.

    The ombudsman’s web site is perfectly correct as defined in law. Unless the specific discussion is on HOA or Condominium issue any reference to open meeting laws applies to the Public body open meeting laws. This would be any state agency, any municipality or county or even the state legislature.

    Dennis

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