Bylaws Condo Association With Board Members In Arizona
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FAQ
Essentially, HOAs are not subject to open meeting law because they are private entities that do not fit the definition of “public body” in A.R.S. § 38-431. That being said, HOAs are still subject to some meeting requirements laid out in A.R.S. § 33-1804.
The ARS grants the board specific powers such as the ability to foreclose on a house for unpaid liens and establish rules concerning the exterior appearance of homes and other community-related restrictions. HOAs in Arizona are also bound by rules set forth in their own governing documents.
HOA and condo board members should know that they are not entirely immune from personal liability. If the court finds that a board member engaged in fraudulent or malicious behaviors, they will be held accountable for their actions.
While the intention is admirable, most experts do not recommend having informal board meetings. If board members have difficulty making decisions on the spot, they can move the item for discussion at the next meeting. This will give them time to consider the topic and come up with the right questions.
The board of directors is the cornerstone of any association, as the guiding force responsible for ensuring smooth operations. It plays a crucial role in safeguarding stakeholders' interests and overseeing the effective functioning of every organ within the association.
A quorum of the board should not be using email to discuss or make decisions on association business, and the use of unanimous consent in lieu of board meeting is potentially subject to legal challenge.
The Homeowners Association Dispute Process is administered by the Arizona Department of Real Estate, which has the statutory jurisdiction to hear issues between residents and homeowner or inium associations.
“All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings.” A.R.S. § 38- 431.01(A).
