open meeting and board authorization for finance committee members but not HOA membrs
When attending the Finance Committeee meeting as an HOA member it is challenging to get copies of items that will be discussed and subsequently voted to submit to the board for consideration or recommendation.
Here is the agenda for tomorrow Finance Committee Meetng:
New Business
1. Review Financial Report for May
2. Review of Morgan Stanley account
3. Review report from Grace on roving patrol
4. Review report from Patrick on electric sign
5. Review Delinquency List
I plan on attending the meeting. When I asked for the handouts I received these responses from the community manager.
For #2: “As for the Morgan Stanley account and the delinquency report, as a prior board member I think you are aware that is not something that can be released to non board members.” As far as I am aware, there is no personal member information or privilaged informatiom in the Morgan Stanley account statements.
For #3 and #4 above, her response was: “It’s considered a verbal report. I was not given any actual report and so there is nothing to give you.” We will see if there is no handout to the committee members. This would be a change in typical meeting process.
And #5, her resonse was: “As for the delinquencies the BOD gave authorization to the committee to have a redacted report. You do not have that authorization.”
Two things regarding this statement from the community manager. First, I do not remember any Board meeting noticed agenda item nor any board vote as she states regarding this authorization. Also, how can one non board member (even if a committee member) have special access (with redacted member information) that all members do not have?
Does the same apply to committee meetings as board meeting in 33-1804. Open meetings; exceptions; notice; agenda; policy statement regardng member participation, specifically weighing in on an agenda item?
Your thoughts?
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Barbara, I think you have identified a major gap in Arizona’s HOA open-meeting law. My association, Tonto Forest Estates HOA, currently managed by Associa, has an even worse practice: documents are often withheld until months after the Board has discussed — and sometimes acted on — the underlying issue.
ARS 33-1804 expressly provides that regularly scheduled committee meetings are open to members and that members must be allowed to speak during the proceedings. But meaningful participation is impossible when committee members receive the reports, account statements, proposals, and other materials being discussed while everyone else is expected to comment without seeing the same materials.
The law should be amended to require that any written report, contract, proposal, bid, financial statement, or other document supplied for consideration of an agenda item be made available to all members at least 48 hours before ANY board or committee meeting, along with the agenda. Any legitimately confidential information could be redacted.
An “open meeting” should mean more than merely allowing homeowners to sit in the room (or attend virtually) while decisions are made from undisclosed materials.