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QUESTION: More on the Arizona HOA Open Meeting statute. Since there seems to be such a variance of opinions between lawyers I would like to contact the legislator who introduced the bill. There is such a distinct separation in the first sentence of the Statute between “all meetings of the association” and “Board of directors” that this individual had to have some intent in mind. Do you happen to know how I can find who introduced the bill?
This was the latest info we received from our Arizona HOA lawyer. It is really baffling:
“ARS 33-1804 of the Planned Communites Act pertains to required open meetings and states that “all meetings of the association and board of directors are open to all members of the association…..” This statute also states that “a meeting of the association shall be held at least once each year.” Thus, the open meeting law does not apply to committee meetings, but only to Board and Member meetings (i.e. annual and special meetings of the Association).
ANSWER: How can “all meetings of the association” not include committee meetings? I guess one could argue that committee meetings do not meet to decide official association business so committee meetings don’t actually count as “association meetings.” They may go on to say that the statute addresses when members can speak before the board makes decisions so the statute has to be limited to only those meetings when the board is present. Other attorneys would argue that a committee “meeting” is still a gathering to discuss association business regardless of whether final decisions are made. Those attorneys would also argue that just like any other corporate atmosphere, non-profit corporations must allow their members to attend gatherings to discuss association business or perceived issues affecting the community. That is, unless of course the information falls under one of the exemptions to the Open Meeting Laws. Arizona’s Higher Courts have not passed down any case law to address this specific issue because the statute is relatively new. But, we are starting to see a trend in many courts of ”transparency” over ”non-transparency.”
As far as who introduced the bill, you can find that information by going down to the Arizona Legislature. They should be able to help you get the name of the lawmaker and get you copies of the legislative history of the bill. The legislative history may include arguments made for and against the bill by lobbyists, attorneys and the like. Sometimes there are additional comments injected into the bill’s history from statements made on the floor just before the vote that can be helpful. The last time I went down to the Senate and House to pull legislative history it took me most of the day so plan accordingly.
