AZ Annual meeting agenda

Need help in addressing this issue to the BOD President: Our president is failing to send out a proper notice for our annual meeting. During our board meeting we passed a motion to put on the agenda a proposal to amend the renting by laws to our CC&R. but he thinks that all the owners needs to be physically present at the annual meeting and to contiues to not send a proper notice stateding the purpose for this meeting, which is to not only vote for the new board members or to approve the budget, but also to vote on whether to change the renting by laws.
Where in the AZ Hoa laws can I find this information so that he can comply with the by laws.?

I am probably wrong, but I thought the Secretary was the person who sends out the notices of the annual meeting. Of course the Secretary needs the approval of the President.

But if sending out the notices is not the Secretary's job, I wasted a lot of my time this year before our annual meeting.

Hi Carlos:

In order to better assist we would need to know if your association is Condo or Planned Community.

Carlos,

The Arizona Revised Statutes specific to HOA’s are found in sections 33-1801 through 33-1816. These can be found online at http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=33. That is the official website for the Arizona Legislature.

The statutes require that if a member vote is to be taken that the members must be permitted to vote in person or by absentee ballot. Pay particular attention to ARS 33-1812 as it sets out the requirements for absentee ballots.

“It is the policy of this state as reflected in this section that all meetings of a planned community, whether meetings of the members' association or meetings of the board of directors of the association, be conducted openly and that notices and agendas be provided for those meetings that contain the information that is reasonably necessary to inform the members of the matters to be discussed or decided and to ensure that members have the ability to speak after discussion of agenda items, but before a vote of the board of directors is taken. Toward this end, any person or entity that is charged with the interpretation of these provisions shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.” ARS 33-1804(E)

Based on what you described above, your president is way out of bounds in not informing the members of all purposes of the meeting and in insisting that members must attend in person to vote.

The links that Tim posted pertain to non-profit corporations in general. The legislature has exercised its power to enact more stringent statutes for HOA's in ARS 33-1801 et seq. than for other types of non-profits.

I can't imagine the board not sending out an annual meeting agenda ESPECIALLY if there was any kind of membership vote taking place - on any issue.

The financial report should also be included, along with the invitation - which EVERY member should get.

This is just common sense, and may or may not be in state statute or HOA bylaws.

Talk to your secretary about simple annual meeting protocol.