As of September 14, 2024, Arizona’s community associations are now required to provide their members agendas for both board of directors meetings and membership meetings, in advance of the meetings. Arizona’s Legislature added this as a new requirement under House Bill 2662, which amends A.R.S. § 33-1804 for planned communities and A.R.S. § 33-1248 for condominiums.
The Legislature intended this new law to improve transparency within community associations and to enhance the ability of homeowners to participate more meaningfully in the governance of their communities. Certain agenda items may elicit more homeowner commentary, which directors may wish to take into consideration when voting on those agenda items. If homeowners do not know that the directors will be discussing a particular agenda item during a particular board meeting, the homeowners may not attend the meeting, and they may miss their opportunity to comment.
With respect to providing agendas for membership meetings, community associations may do so by hand delivery, mail, website posting, email or other electronic means, or by posting at a community center or other similar location. The new requirements do not specify a certain time period within which the agenda must be provided for membership meetings – only that one must be provided. Oftentimes, notice of membership meetings includes a form of agenda – the members of ABC Community Association are meeting to elect directors, vote on a special assessment, etc. – provided the Association sets the agenda by the time it sends notice of a membership meeting, it may include the agenda with the notice. Otherwise, we recommend providing an agenda at least ten days in advance of the membership meeting.
With respect to providing agendas for board meetings, community associations must do so at least forty-eight hours in advance of the meeting. This is the same for providing notice of board meetings. Agendas may be provided by newsletter, conspicuous posting (such as on a community bulletin board) or other reasonable means (such as by posting to a community website or sending via e-blast). This is also the same for providing notice of board meetings. As such, we recommend including the agenda with the notice of any board meetings.
It is important to note that this requirement to provide agendas in advance of board meetings does not apply to emergency board meetings. Emergency board meetings are those that require an immediate board decision and cannot wait for the forty-eight hour advance notice time period to pass – think fire, flood or blood.
Lastly, the changes to both of the above-listed statutes also state that the failure of any homeowner to receive an agenda, whether for a membership meeting or a board meeting, does not affect the validity of any action taken at that meeting. This is helpful language because not all homeowners may see the agenda in advance of a meeting, so the failure of one homeowner to see the agenda – if it was otherwise available for all homeowners to see – will not affect the meeting.
For further details on this new law, including House and Senate summaries and discussion and the various iterations of the bill, you can refer to the Arizona State Legislature’s official resources located online here, and search Bill Number: HB2662.
If you have any questions as to how this change in the law may impact your community association or how your community association must implement it, please contact us at 480-427-2800 or email moc.w1758841336albdh1758841336c@nez1758841336iR.ae1758841336rdnA1758841336.
The information contained in this article is not intended to be legal advice and is provided for educational purposes only.
