Arizona Statewide Rule
Arizona HOA Open Meetings, Elections & Records
Key Facts
- Open meetings
- Board and member meetings open (A.R.S. § 33-1804)
- Recording
- Members may audiotape/videotape open portions
- Elections
- In-person + absentee; secret ballots allowed (§ 33-1812)
- Record access
- Open to members; max 15¢/page copies (§ 33-1805)
- Records response
- 10 business days to respond
Summary
Arizona heavily regulates HOA governance: A.R.S. § 33-1804 requires open board and member meetings (with limited executive sessions) and lets members record them, A.R.S. § 33-1812 mandates absentee ballots and permits secret ballots for board elections, and A.R.S. § 33-1805 makes association financial and other records open to members for inspection.
33-1804. Open meetings; exceptions; notice; agenda; policy statement A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members' association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member's representative and all members or designated representatives so desiring shall be allowed to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall allow a member or member's designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue. Persons attending may audiotape or videotape those portions of the meetings of the board of directors and meetings of the members that are open.
Full Breakdown
Under A.R.S. § 33-1804, 'all meetings of the members' association and the board of directors are open to all members,' and members may speak after the board discusses an agenda item but before formal action. Meetings may be closed only for narrow reasons such as legal advice, pending litigation, personnel, or a member's personal/health/financial information, and the board must identify the authorizing paragraph. Members may audiotape or videotape open portions. A.R.S. § 33-1812 requires votes to be cast in person and by absentee ballot, and if the documents permit secret ballots, 'only the envelope shall contain the name, address and signature of the voter.' A.R.S. § 33-1805 makes financial and other records reasonably available to members, charging no more than 15 cents per page, with exemptions for privileged, litigation, and personal records.
Violations & Penalties
No specific statutory penalty. A member may sue to enforce open-meeting, election, and records rights, and a member who substantially prevails may recover costs; improperly closed meetings or denied record requests can be challenged through the courts or the Arizona Department of Real Estate.
Frequently Asked Questions
Are Arizona HOA board meetings open to members?
Can an Arizona HOA use secret ballots for board elections?
Can I see my Arizona HOA's financial records?
Sources
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