AZ Open Meeting Law 33-1804

Our HOA Annual Board Meeting and elections are scheduled for the end of January 2011. The management company sent out a letter to the community with ballots for the election. Unfortunately, there were many errors, and they had to resend. In the process, they decided that write-in nominations and from the floor had expired. No prior notice. In the first ballot, allowed. Five positions open, only four members voluteered.

According to our MC, the Board decided to take away our privilege (closed meeting) of allowing write-ins.

What are out options?

Thanks

Luci, I refer you to section C (emphasis added)

C. 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. An affidavit of notice by an officer of the corporation is prima facie evidence that notice was given as prescribed by this section. Notice to members of meetings of the board of directors is not required if emergency circumstances require action by the board before notice can be given. Any notice of a board meeting shall state the time and place of the meeting. The failure of any member to receive actual notice of a meeting of the board of directors does not affect the validity of any action taken at that meeting.

Reading section 33-1812 Proxies; absentee ballots; definition, I would say that the Board had to remove the write in section to comply with 1&2 as write in candidates would not be known to early voters and would not be on the ballot which is required.

33-1812. Proxies; absentee ballots; definition

A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery. Notwithstanding section 10-3708 or the provisions of the community documents, any action taken at an annual, regular or special meeting of the members shall comply with all of the following if absentee ballots are used:

1. The absentee ballot shall set forth each proposed action.

2. The absentee ballot shall provide an opportunity to vote for or against each proposed action.

3. The absentee ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.

4. The absentee ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted absentee ballot to the member.

5. The absentee ballot does not authorize another person to cast votes on behalf of the member.

B. Votes cast by absentee ballot or other form of delivery are valid for the purpose of establishing a quorum.

C. Notwithstanding subsection A of this section, an association for a timeshare plan as defined in section 32-2197 may permit votes by a proxy that is duly executed by a unit owner.

D. For the purposes of this section, "period of declarant control" means the time during which the declarant or persons designated by the declarant may elect or appoint the members of the board of directors pursuant to the community documents or by virtue of superior voting power.

Thanks everyone for your replies. Our documentation is from 1996 and outdated since proxies are no longer allowed among other things. The MC/Board are definitely in violation of A.R.S. 33-1804. However, there is no official agency who will enforce this statute.

After much research and information from the Attorney General's Office, we have two options:

- letter of protest with signatures from the HOs (60)
- hire an attorney

Re: ballot, absentee or bring it to the meeting.