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Agenda Timing

ARS 33-1804 D states that NOTICES must be given at least 48 hours in advance of the meeting.
ARS 33-1804 F states that that “notice AND agendas must be provided” and contain “the information that is reasonably necessary to inform the Members of the matters to be discussed or decided.”

My HOA is saying that the 48 hour rule only applies to the NOTICE of the meeting, and they hold the AGENDA secret until the meeting is held and opened.

Are they acting correctly with regard to WHEN the AGENDA must be provided?

1 Response

  1. DennisL

    Fish7
    This is where association and their community managers and attorneys look to distort the law to meet their needs and not the intent of the statute. Clearly the intend of the 48hour notice is to allow homeowners both notice of the meeting and some basic idea of the issues to be discussed so that they can decide if they will participate in the meeting. This simply makes sense and is reasonable consideration for any association that actively wants to engage the community in the business of the community. But if you look at the literal words of the statute it does not specifically require that the agenda, be provided along with the notice of meetings. There is nothing that prevents an association from doing the right thing or that even binds the association to the general agenda that was posted along with the notice. The association is free to make last minute changes and provide the updated agenda at the beginning of the meeting. The board in not providing an agenda in advance is simply telling the community that they are going to make the decisions and that they do not need or desire any input in their meetings or discussion. A board that takes such a position has no interest in transparency in the conduct of their business and will most likely abuse and violate the open meeting laws whenever possible buy conducting business by e-mail or in executive session in direct violation of the law. Any association that refuses to provide an agenda prior to the meeting should be treated with suspicion, they have absolutely no respect for the homeowners in their community and deserve the same from the community in return.

    It hurts no-one to provide transparency and general agenda for board meeting, and there is no provision like for public bodies that limit all meetings to only agenda items and prevent the public body from modifying the agenda after initially published. Any excuse the board or any of their agents will provide relative to providing an agenda is nothing more than a smokescreen to cover their desire to limit or discourage homeowner participation in the business of the community that they live in.

    They are technically not required to provide the agenda under the law but there is also nothing that limits them from doing so.

    Dennis

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