Bylaws Residential Association With Board Members In Phoenix
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FAQ
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.
“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).
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.
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.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request.
In a word, yes. There are certain decisions the board can make unilaterally. On the flip side, there are also some decisions that must go through a membership vote. The limitations of an HOA board's authority differ from one community to another.
In Arizona, board members may only serve for one year. Florida law allows for officers to serve for eight consecutive years.
