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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1039
homeowner's associations; meetings; recordings
Purpose
Requires the board of directors of a condominium unit owners' association (COA) or planned community association (HOA) to keep a copy of a recorded meeting for at least six months.
Background
All meetings of a COA, HOA or the respective association's board of directors (board) must be open to all members of the COA or HOA, or any person designated to be the member's representative. Persons attending a meeting may audiotape or videotape portions of the meetings that are open, and the board may not require advance notice of any recording. The board may adopt reasonable rules governing recording open portions of a meeting, except the rules may not preclude recording the open portions unless the board records the meeting. If the board records a meeting, the board must make the unedited recordings available to members upon request without restrictions on the tapes' use as evidence in any dispute resolution process (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 board of a COA or HOA that records a meeting that is open to members to keep a copy of the recording for at least six months.
2. Requires the board of a COA or HOA to make the unedited recording of a meeting available to any member upon request.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Specifies that the requirement for a board to keep a recording only applies to recordings made of meetings that are open to members.
Senate Action
GOV 1/15/25 DPA 6-0-1
Prepared by Senate Research
January 16, 2025
AN/SDR/slp