Board Workshops - Arizona Only

Started by RobertG • 8 replies • 1520 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RobertG (Arizona)
Posts: 505

Posted:

This is specific to Arizona.

Do you have board workshops where no decisions are made. Under the open meeting laws of Arizona, do you think that as long as you restrict the activities to discussion with no action, can homeowners be prevented from speaking? How do you interpret the law? Are workshops even legal?

BrianB (California)
Posts: 2,820

Posted:

Robert, which "open meeting" laws are you citing? You must not confuse the sunshine laws/open meeting acts that apply to governmental units with those under HOA laws that apply to HOA's.

The laws that govern a city council do not govern an HOA (in general.. your mileage may vary).

RobertG (Arizona)
Posts: 505

Posted:

The first part of the law is:

"33-1804. Open meetings; exceptions

A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the association and board of directors are open to all members of the association or any person designated by a member in writing as the member's representative and all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a member or member's designated representative to speak before the board takes formal action on an item under discussion 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.
"

BrianB (California)
Posts: 2,820

Posted:

since Arizona does not readily supply a definition of a meeting, I would say that your interpretation of a workshop would be okay. Just make sure no decisions are made, no actions taken, and in fact, no discussions about voting, no politicking, etc. are done. a workshop should be informative, it should pass information on, be educational, and while you can hold a debate, I would be sure to preface the workshop with a disclaimer so all remember: this workshop is educational in nature, and no discussions or attempts to sway a potential vote are allowed. All such conversations are deemed incidental to the purpose of the workshop."

RobertG (Arizona)
Posts: 505

Posted:

I am asking if the board can prohibit homeowners from speaking.

BrianB (California)
Posts: 2,820

Posted:

absolutely. homeowners can only speak at meetings, and workshops are not meetings. no business is being done. In fact, it looks like owners need not even be notified the workshop is happening.

RobertG (Arizona)
Posts: 505

Posted:

What is your rationale for saying a workshop is not a meeting? When I meet with someone, I don't necessarily get anything done. Look at the definitions of meeting and you will see that it means when people get together.

BrianB (California)
Posts: 2,820

Posted:

Robert, if you can find hte Arizona legal definition for a meeting, then I will be educated, and perhaps change my mind. However, i could not find a definition in a statute. Without a definition in law, you are free to choose your definition, and I mine.

I do not believe two people talking is a meeting. I do not believe the intent of open meetings laws is to cover what i think of as workshops. As i stated, a workshop to me is educational. If your workshops involve voting, politicking, making deals, etc, then we have different ideas, and yours sound more like a meeting.

GeraldT4
Posts: 1,022

Posted:

RobertG - My opinion is that an association Board meeting is defined when a quorum of the Board gather to review, and discuss association related matters. 33-1804 states "all meetings of the association and board of directors are open to all members...all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings." So it doesn't matter if the meeting is a workshop meeting, or otherwise. 33-1804 does not fly in my state. Here in NJ if there are no binding votes necessary to be taken, or if there is a legal matter to be discussed, the board can meet in workshop sessions and the board is not required to open the meeting to the membership at large. If the Board chooses to open the workshop meeting, the Board can legally restrict the owners from commenting or providing their input.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here