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Common areas and board meetings

Hi Dennis,
I have two questions:
1. We have a daily (M-F) group of people who do water aerobics for an hour each day. This is on our calendar of events. The pool gets pretty crowded with the members who participate in this. Recently, the management company informed the people who do participate that they can’t restrict pool use during the hour that water aerobics is taking place even though they have done exactly that in the past.

The question is: can pool use be restricted during a scheduled HOA event – water aerobics?

2. We’ve been told recently that there will be no more in person BOD meetings with the exception of the Annual Meeting. Their (BOD and Management company) reasoning for this is that they’re afraid of confrontations with homeowners and can’t afford to have a police officer there for in person meetings. Therefore, all meetings will be held via Zoom.

The question is: can they do that???

1 Response

  1. dennisl

    Dave,
    The management company is once again full of crap, the board can do whatever they want with the pool. There is absolutely no reason why they cannot designate the pool closed for a special activity on any day and at any time. The same way that if you had meeting room they can reserve the meeting room for bridge games on certain days and certain times, That way other people or groups would not have conflicts with duplicate scheduling. Cities regularly restrict open swim at municipal pools for lifeguard training or swimming lessons etc. The same would apply to an HOA.

    Arizona law does not require that HOA board meet in person only that they are noticed and that all members are allowed to participate if they desire and that members be allowed to speak on any issue prior to the vote by the board on that issue. If they can satisfy those criteria via zoom meetings they are OK. I have seen boards and useless management companies abuse this process greatly during the pandemic by controlling who and how long anyone can speak on the zoom platform. If they are found to scree out any individual member wishing to attend and participate in a zoom meeting they are violating the law. Being afraid of confrontation with members is reflective of the board total lack of understanding with they fundamental duties to treat all homeowners fairly and to take all actions in the best interest of the community as a whole.
    A board that fails to understand this duty needs to be removed from office and replaced with one that does,

    Dennis

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