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JohnM102 (Arizona)
Posts: 24
Posted:
After the ballots were counted in an election and the Directors were identified, historically the new directors adjourned the meeting. Next, they opened an executive meeting to determine who would fill the various Officer positions. Once that meeting was completed, the new officers would post the results in the form of minutes and post the results on our site. It now appears the members have the right to attend that second meeting if they choose to do so.

My question is in what capacity are the members that choose to stay allowed to participate if at all. Some members believe they can try to influence the choices while others believe they can attend strictly as observers. I'd appreciate your input as this is to take place next week. I know some of the new directors want to allow them to try to influence the outcome. I on the other hand believe their involvement ended with their voting for the new Directors?
KerryL1 (California)
Posts: 14,550
Posted:
We don't have any regular posters from AZ right now, JohnM. In CA and I think in many states, iyes, the officers are selected by the Board in a meeting open to Owners. In CA, owners may not participate in the selection of officers.

but I don't know about Ariz. since it's my understanding that Owners can participate during a board meeting with comments on agenda items.

So, look first at your bylaws and then at Ariz. HOA statutes. If you have good property manager, s/he should know.

Are you on the board?
MichaelS56 (Minnesota)
Posts: 858
Posted:
We select our officers right after the Annual meeting is completed. We meet right where the Annual meeting was held, and the owners can watch the decisions if they so choose to.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, members attending a board meeting are only observers.

Most boards will ask if the member has anything they wish to bring up.
KerryL1 (California)
Posts: 14,550
Posted:
Since I'd heard off & on that AZ allows Owners to participate at open board meetings on each agenda item, I got curious and took a look. I didn't search everything everywhere re: Ariz. And I'm not in a legal occupations. So do consider doing your own research or perhaps a fellow owner is willing to do a deep dive.

CONDO & PLANNED COMMUNITY STATUTES IN ARIZONA. Both 33-1248 & 33-1804 are almost identical and refer to condos or "planned communities."

"Open Meetings; Exceptions The board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a member or a member’s designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak..... The board shall provide for a reasonable number of persons to speak on each side of an issue." https://www.carpenterhazlewood.com/wp-content/uploads/2021/10/CHDB_AZ_Statutes_Book_21-22-web.pdf

If I understand this correctly, and there's no way that your bylaws can conflict with these statutes, any owners OR their rep can speak once to any agenda item in an open meeting. this is certainly the most -owner-friendly legislation I've every seen! If nothing contradicts the above citation, owners can advocate for certain persons to be officers at the open meeting when directors select officers.

If not all office must be directors, wonks could even advocate for a non-director to be an officer (Generally, the president must be a director).

Poking around, I even bumped into a state OR upcoming statute whereby residents may post signs in their front yards campaigning for directors and /or officers.

KerryL1 (California)
Posts: 14,550
Posted:
Sorry, "wonks" should be owners.

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