ARS Title 38
Hi Dennis…does ARS Title 38 and all its provisions apply to Planned Communities and/or the Board of Directors of a planned community? I asked a question to the mgmt agent managing the HOA of our planned community concerning the very vague agenda we typically receive and I was told in accordance with A.R.S. § 38- 431.02(G) agendas have to be provided 24 hrs in advance of the meeting. I was under the impression ARS Title 33 applies to Planned Communities and the Board of Directors of planned communities.
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Kathy,
It never ceases to amaze me how incompetent community managers are for these communities. Title 38 applies to public bodies like cities and towns and state agencies. Title 33 applies to property and specifically chapter 9 applies to condominiums and chapter 16 applies to planned communities. There are open meeting laws for planned communities and condominiums that are slightly different from those for public bodies. The specific section for planned communities is ARS 33-1804. Specifically, to your question notice for all board meetings must be provided 48 hours prior to the meeting. The association is given broad leeway as to how that notice is provided.
Clearly asking you community manager anything about the laws applicable to planned communities will be a total waste of time and breath, so feel free to ask me anything.
Dennis
Thanks Dennis. I didn’t think Title 38 applied to Planned Communities but wanted to check with the expert (you) before I address this with her. I also had a Board Member quote Title 38 for an executive meeting the Board held that according to ARS Title 33 shouldn’t have happened.
Interesting. For the most part Title 38 open meeting laws and executive session laws are more restrictive than the planned community statutes. One thing I will say is what constitutes a meeting is only defined in Title 38 and Title 33 never defines what the word “meeting means in that title. Because of that and an Arizona Supreme Court case precedent the definition of meeting in Title 38 applies to all uses of the word “meeting” in statute.
Dennis