Notice Requirements for AZ Board of Director Meetings

This article is long overdue.  We begin our analysis by turning to the statutes.

ARS 33-1804(C) provides:

Unless otherwise provided in the articles or bylaws of the association, for meetings of the board of directors that are held after the termination of declarant control of the association, notice to members of meetings of the board of directors shall be given at least forty-eight hours in advance of the meeting by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors.

ARS 10-3822(B) provides:

Unless the articles of incorporation, bylaws or subsection C of this section provide otherwise, special meetings of the board of directors shall be preceded by at least two days’ notice of the date, time and place of the meeting. The notice need not describe the purpose of the special meeting unless required by the articles of incorporation or bylaws.

So, what does all of this mean?

First, both of these statutes are subject to Bylaws. In other words, these statutes do not apply when the Bylaws prescribe a different notice requirement for Arizona HOA board of director meetings.

Second, and assuming the Bylaws do not provide for something else, the Board must send out notice to the members preceding the special meeting. According to the statutes, the notice does not need to explain the purpose for the meeting or the agenda unless required by the bylaws or articles of incorporation.

Third, the notice must be 48 hours before the meeting. The board needs to establish and publicize the way notice is going to be given. If the board is going to post notice on a website or on a bulletin board, both would be OK if the owners know that is where the notices are posted and it is agreed that the place is “conspicuous” or the board believes it is “reasonable.”  Naturally, some may complain that posting on a website is not a “conspicuous” place.  Bulletin boards located in the community center is much less susceptible to scrutiny as they are often used by boards to post notice.  If the notice is posted in a commonly accepted place, it is generally acceptable.

Fourth, a board can’t …

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