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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
homeowners' associations; meeting agendas
Purpose
Stipulates that all meeting agendas of a condominium unit owners' association (COA) and a planned community association (HOA) must be provided in advance of all meetings.
Background
Current statute requires all meetings of an association, a COA or a HOA, and the associations' board of directors to be open to all members of the association or any person designated in writing by a member to be their representative. A member or member's designated representative must be permitted to speak once after a specific agenda item has been discussed but before any formal action is taken on that agenda item. For meetings of the board of directors held after the termination of declarant control, notice to the association members must be given 48 hours in advance.
Between 10 and 50 days in advance of any meeting, the secretary of the COA or HOA must cause notice to be hand-delivered or sent to the mailing address for each lot, parcel or unit owner or to any other mailing address designated in writing by a member. The notice must state the date, time and place of the meeting. A notice of any annual, regular or special meeting of the members must also state the purpose for which the meeting is called, including the general nature of any proposed amendment to the declaration or bylaws, changes in assessments that require approval of the members and any proposal to remove a director or an officer. Statute specifies that the failure of any member to receive actual notice of a meeting of the members does not affect the validity of any action taken at that meeting (A.R.S. §§ 33-1248 and 33-1804).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the secretary of a COA or a HOA to provide an agenda for any meeting of the association by hand delivery, mail, website posting, email or other electronic means or posting at a community center or other similar location.
2. Adds that, for meetings of the board of directors that are held after the termination of declarant control of the association, meeting agendas must be given to the unit owners or members of the association at least 48 hours in advance of the meeting by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors.
3. Stipulates that all meeting agendas must be provided to the unit owners or members of the association in advance of all meetings of COAs and HOAs.
4. Stipulates that the failure of any member of the association to receive the meeting agenda does not affect the validity of any action taken at the meeting.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
GOV 2/7/24 DP 9-0-0-0
3rd Read 2/20/24 57-0-2-0-1
Prepared by Senate Research
March 18, 2024
JT/MA/slp