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Arizona HOA Open Meeting Law: A Board Member’s Guide

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Board member resource

Under A.R.S. § 33-1804, Arizona planned community board meetings must generally be open to all members, noticed in advance, and allow owners to speak on agenda items before the board votes, with only limited topics allowed in closed executive session. Condominiums follow a similar rule in § 33-1248. Transcend schedules, notices and documents compliant meetings for your board.

What does Arizona’s HOA open meeting law require?

Arizona strongly favors transparency. For planned communities, A.R.S. § 33-1804 declares it the state’s policy that meetings of the association and the board, and any regularly scheduled committee meetings, be conducted openly, and that notices and agendas contain the information reasonably necessary to inform members of the matters to be discussed or decided. Key requirements boards should know:

  • Open attendance: All members, or their designated representatives, may attend board meetings.
  • Notice: Board meetings generally require at least 48 hours’ notice, by newsletter, conspicuous posting or other reasonable means, unless the documents require more. Member meetings require 10 to 50 days’ notice.
  • Owner comment: After the board discusses an agenda item and before it votes, members must be allowed to speak once, with reasonable time limits.
  • Recording: Members may record open meetings by audio or video, subject to reasonable rules.
  • Emergency meetings: Allowed without the usual notice only for business that cannot wait, with the reason stated in the minutes.

Condominium boards follow A.R.S. § 33-1248, which closely parallels these rules. Read the full summary on our Arizona open meetings law page.

This is general information, not legal advice; your governing documents and an Arizona HOA attorney control.

Can an HOA board make decisions by email in Arizona?

This is where many well-meaning boards get into trouble. A chain of emails among a quorum of directors that debates and decides an issue can be treated as a meeting held outside the open meeting requirement. Arizona’s statute allows only limited exceptions, and actions without a meeting are restricted. Safe practices:

  • Use email for logistics, scheduling and sharing information, not for debating or deciding.
  • When an urgent decision is needed, call a properly noticed emergency meeting and ratify any action at the next open meeting.
  • Avoid “reply all” deliberations on agenda topics.

What can be discussed in a closed session?

Only a short list of topics may be discussed in executive session, such as legal advice from the association’s attorney, pending or contemplated litigation, personal health or financial information about an individual member or employee, employee job performance or complaints, and an owner’s appeal of a violation or penalty when the owner asks for a closed hearing. Even then, final votes generally happen in open session. Details are in our executive session rules guide.

Open meeting compliance checklist

  1. Adopt an annual board meeting calendar and publish it.
  2. Post notice and agenda at least 48 hours ahead (more if your documents require).
  3. List every action item on the agenda with enough detail for owners to understand it.
  4. Announce owner comment procedures and time limits at the start.
  5. Allow owners to speak before each vote.
  6. State the statutory reason before entering executive session.
  7. Approve and keep minutes available to members.
  8. Ratify any emergency action at the next open meeting.

Homeowners can learn their side of the process in attending board meetings.

Common open meeting mistakes Arizona boards make

  • Vague agendas. “Landscaping” tells owners nothing. “Approve contract for common area turf conversion” tells them what will be decided.
  • Adding action items at the meeting. If it was not on the noticed agenda, consider deferring the vote to the next meeting unless it is a true emergency.
  • Workshops that decide. Informal “work sessions” with a quorum present that reach consensus can be treated as meetings.
  • Cutting off owner comment before the vote. The statute gives members the chance to speak after board discussion and before action.
  • Overusing executive session. Budget and vendor debates belong in the open.
  • Forgetting committees. Regularly scheduled committee meetings generally follow open meeting principles too.

Balancing transparency with efficient meetings

Open meetings do not have to be long ones. Boards can set reasonable time limits for each speaker, ask owners to sign in for the items they want to address, and use a consent agenda for routine matters. Publishing the meeting packet’s non-confidential parts, or a summary, ahead of time lets owners come prepared with focused comments. After the meeting, a short recap in the newsletter or portal reaches owners who could not attend, which matters in communities with many snowbirds or working families. The goal is a meeting where owners feel heard and the board still finishes its business.

How Transcend keeps meetings compliant

Your Transcend Board Liaison sets the meeting calendar, drafts agendas that match statutory expectations, handles notice posting and distribution, and prepares meeting packets. We attend meetings, record minutes and help presidents manage owner comment time smoothly. Our legal update training keeps boards current when the legislature changes HOA rules. See board meeting support and running effective board meetings.

Frequently asked questions

Can homeowners record Arizona HOA board meetings?

Yes. Arizona’s open meeting statutes allow members to record open meetings by audio or video, though the board may adopt reasonable rules about how recording is done.

Do Arizona HOA committee meetings have to be open?

Regularly scheduled committee meetings in planned communities are generally covered by the open meeting policy. Check your documents and ask your attorney about ad hoc committees.

Can owners speak on any topic at an HOA board meeting?

The statutory right is to speak on agenda items before the board votes. Many boards also offer a general open forum, with reasonable time limits.

What happens if an Arizona HOA board violates open meeting law?

Owners may file a petition with the Arizona Department of Real Estate or go to court, and actions taken improperly may be challenged. Boards often fix procedural defects by re-noticing and re-voting.

This page is general information about Arizona community association practice, not legal advice. Your governing documents and an Arizona HOA attorney control how the law applies to your community. Statutes change; verify current text at azleg.gov.