Meeting Notice: What would you do?

In Arizona, the state open meeting law states "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."

The HOA bylaws states "Notice of the meetings of the Board shall be given to the members of the Association within such time and as in such manner as is required by law."

The official website states (as of 36 hours before) the next board meeting will be May 24 at location X. However, the board recently changed the date and location to be May 15 at location Y. The minutes of the meeting that made that change have not been published to anyone other than the board. An announcement was made at the last board meeting of the new date to the 10 homeowners present. No special mailing was made to inform the members of the association of the change. So far, it would be reasonably clear that no proper notice has been given (since the 48 hour period has expired) based upon the open meeting law.

Now the rub. A newsletter was created a few months back which had the new date/location of the board meeting for May 15. However, the newsletter editor sent out the newsletter without the approval of the board. [A motion was passed in 2006 that all newsletters must be approved by the board.] All homeowners should have received the newsletter and probably thought it was an action of the board. Technically it does not seem to be so.

Based upon these facts, would you consider there to have been proper notice given?

What do you think are the risks in having the board conduct the meeting? (I am sure they are going have the meeting.)

Knowing what I know, what should I do, if anything? I am not a board member.

So you are saying that a document sent out by one homeowner that was not approved by the board that happens to mention the approriate date is proper notice?

RobertG: I would agree with Roger in that the newsletter editor did send out the newsletter with the proper date for the meeting which then does inform the community.
The fact that a rule is in place that the Board is to approve the newsletter prior to the editor sending it out, and the editor did not do that, is not the community's concern. It is between the editor and the Board to deal with. The fact that the date is correct and went to all, IMO, is valid.
It would seem that some discussion and definite guidelines are in order on meeting notices.