Is there any reason or statute that would prohibit a BOD from allowing the spouse (who is not on the deed) of a homeowner or renter from attending and speaking at a board meeting?
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The law allows any member or any designated representative of that member to speak at any meeting of the board. If the board member is the title owner, he can designate his wife who is not on the deed to speak in his place as a member of the community at any meeting of the board. The board members get to vote on any issue, but they can allow any designated representative to speak for them at the meeting simply as a resident of the community.
Sorry, I wasn’t very clear. Our Board of Directors would like to allow renters and “significant others” and spouses who are not on the deed the ability to attend board of directors’ meetings and speak at those meetings. Is there anything in the statutes that would prohibit us from doing that?
I would disagree with your comment that there is no statute that refers to who can attend meetings. I think that ARS 33-1804 is quite specific about members being the ones who can attend meetings and speak. Our own documents further define a member and owner.
1-the CCR’s, Article 1, section12 defines “member” to mean and refer to the owner of a lot.
2-the CCR’s, Article 1, section 14 defines “owner” as the person of record. That can be verified on Maricopa County assessor’s website.
3-the CCR’s, Article V, section 1 states that every owner shall be a member.
4-ARS 33-1804, Section A is below:
Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member’s representative and all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings.
5-please note in the above ARS, it states 1) meetings are open to all members or their reps…..and members equals owner by record and 2) those members or their reps desiring shall be permitted to attend and speak at an appropriate time.
Where does it say board members can designate someone else as their representative during a meeting?
You are incorrect, what I stated was there is no statute that would limit a member from designating a renter or anyone else from representing them at a meeting of the board or community. Because the specific statute you referenced stipulates just that. There are no provisions in statute that would undermine that statement or position. You might want to actually read the original question and follow up comments before you attack my response. If two spouses are on the deed either can attend, if only one is on the deed they can designate their spouse to represent them at any meeting. If the home is rented the owner can designate the renter to represent them, and finally any owner can designate anyone other than themselves to represent them at a meeting. The board is absolutely able to open their meeting to anyone they want even non-members. It is their meeting. The do not have the right to open up meetings of the members to non-members, only the members have that right it is their meeting. The law requires that all members and their representatives be included it does not in any way limit the participation of non-members in board meeting at the total and unlimited discretion of the board.
I have read it and I agree. But the question was can a spouse attend and talk at a meeting without being on the deed. The answer would be no. You stated that a board member could make his spouse (not on the deed) his representative who could them attend and talk. If the spouse is the representative, what does that make him? Both are attending. He is a board member. You have to be a member to be on the board and he gave his spouse status as his representative. I don’t believe you can make someone else your representative and still be there and function as a member. If that is not what you meant, please let me know.
You are making this much more difficult than it has to be. The law applies to homeowners or their delegate must be allowed to attend and speak at board meetings. It never applies to board members they are the elected official and that responsibility can never be delegated. Nothing in the law prevents the board from inviting anyone they want from attending and speaking at any of their meetings. If the board wanted to invite spouses that are not official members or any renter that is not an official member or delegate to attend and speak at their meeting they are absolutely free to do so.the law is an enabling provision not a restricting provision. It does not limit in any way attendance and participation in any board meeting to only members of record in the community. I’ve now answered this same question four times and will not do it again. If your not willing to accept the same answer that I’ve provided 4 times now then maybe you should work on changing the law to suit your interpretation.