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HOA Ad Hoc Committee – Rules Governing Transparency

Our HOA has an ad hoc “Transition Committee” in place (for the transition from developer to homeowner control.) The committee meets publicly at a regularly scheduled time. They are currently preparing reports and recommendations to present to the developer controlled HOA board, with a copy for the future homeowner-controlled HOA board. However, when discussing the report contents, and before finalizing the reports, they go into “executive session” and meet in private out of the presence of interested homeowners. There is no record of those discussions. Are they allowed to do that? (I am curious if an “ad hoc” committee is treated differently under Arizona law than a “standing committee” and thus can operate outside normal planned community meeting laws. The Arizona Planned Community Laws do not specifically address the function or obligations of “ad hoc” committees.)

1 Response

  1. dennisl

    Greg,

    Arizona Law calls out that any regularly scheduled committee meeting must comply with the open meeting laws for HOA’s or Condominiums. There is no qualifier other than regularly scheduled. I’ve always hated this provision and tried to get it changed for many years, because it has been abused to no end simply by declaring any committee meeting as not regularly scheduled, When and how often a committee meets has absolutely no bearing on the significance of the subject matter for that meeting and the need for the community to be aware of the actions of that committee.

    But that is besides the point your ad-hoc committee would be subject to the open meeting law and the executive session would be inappropriate other than the fact that you are still under declarant control.

    Under declarant control all protections for homeowners are voided in favor of the declarant. open meeting laws don’t apply, voting rights are voided, and conflict of interest is excused, and the CC&R’s can be changed without any input from existing homeowners.

    Most people don’t realize how much control the developer or his agents and assign have over their lives and how little protection they have from the untold abuses of that power that happen every day in this state.

    But until i can gather enough support from people willing to stand with me against the HOA industry this will never change.

    Dennis

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