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EdwinF (Arizona)
Posts: 5
Posted:
Hi all
Im new at this thing. But There is a new board that was just put in place.
I was reading my byLaws and it stated that we needed to be informed at all meetings at least 10 days before or no sooner then 60 days. As I called our mangement company to let her now of this seeing that I just got my post card and it was date the 12th and the meeting is on the 18th. she said that our state law says with in 48 hours. which one do we go by state or our bylaws?

Ed
RW1 (Texas)
Posts: 149
Posted:
There are different "types" of (HOA, POA, Condo) meetings.

Be sure as to which type you are referring to. Your law(s) may differentiate and thus have different requirements for notice.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Are you talking about a regularly held Board meeting, a specially called meeting, or the Annual Meeting of the Members?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By EdwinF on 09/15/2008 5:16 PM
Hi all
Im new at this thing. But There is a new board that was just put in place.
I was reading my byLaws and it stated that we needed to be informed at all meetings at least 10 days before or no sooner then 60 days. As I called our mangement company to let her now of this seeing that I just got my post card and it was date the 12th and the meeting is on the 18th. she said that our state law says with in 48 hours. which one do we go by state or our bylaws?

Ed

Edwin,

I get the impression the article you read in the bylaws pertains to the annual meeting of the members. However, it appears the manager has quoted the law which applies to board meetings. So, I must ask which is it? The annual meeting for the members or a monthly board meeting? If it is the annual meeting, which I suspect it is, your manager needs to be educated!

FYI, here are excerpts from state law (ARS 33-1248 (condos) or 33-1804 (planned communities) -- both read the same):

1) Notice of the annual meeting of the members is required to be given as follows: "Unless otherwise provided in the articles or bylaws of the association, not fewer than ten nor more than fifty days in advance. . .".

2) Notice of a board meeting is required to be given as follows: "Unless otherwise provided in the articles or bylaws of the assn, for meetings of the board of directors that are held after the termination of declarant control of the assn, notice to members of meetings of the board of directors shall be given at least 48 hours in advance of the meeting. . ."

EdwinF (Arizona)
Posts: 5
Posted:
This is a HOA board meeting
EdwinF (Arizona)
Posts: 5
Posted:
so am I under standing this if its a annual meeting its at lest 10 days
and board meeting to be 48hr.

Are bylaws only have one write up in them and it staes all meetings not just annual meeting
EdwinF (Arizona)
Posts: 5
Posted:
Were can I go to read the state law you are saying ars 33-1804
JeanneK3 (Maryland)
Posts: 562
Posted:
Edwin: You can "Google" the topic and get all your state laws. Or, your state government web site probably has a search engine on it. State law always trumps bylaws unless the state law specifically allows the bylaws to prevail. If you are new to this you need to spend time reviewing all relevant state law.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By EdwinF on 09/15/2008 9:00 PM
Were can I go to read the state law you are saying ars 33-1804

Edwin (or do you go by Ed?) Here is a reference to Arizona statutes, from a Hoosier:

http://www.azleg.state.az.us/ars/33/01804.htm

It sure would be nice of those people who post here to cite their sources when they quote something, and provide a reference. It is a simple, common courtesy.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By GeorgerwilliamsW on 09/16/2008 6:50 AM
Posted By EdwinF on 09/15/2008 9:00 PM
Were can I go to read the state law you are saying ars 33-1804


Edwin (or do you go by Ed?) Here is a reference to Arizona statutes, from a Hoosier:

http://www.azleg.state.az.us/ars/33/01804.htm

It sure would be nice of those people who post here to cite their sources when they quote something, and provide a reference. It is a simple, common courtesy.


FYI I did provide the statute number!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By EdwinF on 09/15/2008 9:00 PM
Were can I go to read the state law you are saying ars 33-1804

Edwin,

I think if you thoroughly read your bylaws you will note separate articles for members and board of directors. Meetings of members and board meetings should be addressed separately.

THe state statutes can be found at:

www.azleg.gov Click on "statutes" then click on Title 10 for the Nonprofit Corp Act which is Chapter 24 through 40. The HOA statutes are in Title 33. Chapter 9 is for Condos and Chapter 16 is for planned communities. The statute I referenced in my response -- 33-1802 -- is the open meeting law and, IMO, one of the most important statutes governing HOAs. Since this was a board meeting, the manager was right in saying only 48 hrs notice is required. I believe you were quoting the requirement for the annual meeting of the members.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Mary,

Does Arizona law state that attendance at a meeting is prima facie evidence that proper notice was given? In other words, if you show up at a meeting (except to dispute proper notification), the law presumes that proper notice was given.

It prevents a post-meeting challenge to the legality of the meeting and the votes taken.

I know this is the law in Hoosierland, but it may not be the same in all states. It might have a bearing on this thread.

MaryA1 (Arizona)
Posts: 7,043
Posted:
George,

The bylaws of my current and former assn have a statement to that effect. AZ state laws doesn't quite go that far and only addresses the validity of the meeting: "The failure of any member to receive actual notice of a meeting of the members does not affect the validity of any action taken at that meeting." This same statement is also in the state law regarding board meetings.
EdwinF (Arizona)
Posts: 5
Posted:
Hi
heres is what az says.
Unless otherwise provided in articles or bylaws of the ass, for meetings of the board of directors that are held after the termination of declarant control of the ass, notice to members of meetings of the boad of dorectors shall be givenat lest forty-eight hours in advanceof the meeting by

it goes on to say how. Are by laws only have one are that talks about notice of meetings written noice of each meeting of members shall be give by or at the direction of the seceretary or person authorized to call a meetingby mail a copy of such notice, postage prepaid at lest 15 days befor the meetingto eact member entitled to vote thereat,

so I receave my notice 0n the 15th and the meeting is on the 18th is this all good??
SusanW1 (Michigan)
Posts: 5,202
Posted:
Board meetings are usually set up on a REGULAR schedule. There's no way that every Member will be sent a letter telling them that a REGULAR Board meeting is being held.

If this is a Special Meeting or an Annual Meeting, then "Notice of the Meeting" SHOULD be sent to each Member.

Please confirm whether you are talking about a REGULAR Board meeting or an Annual Meeting of the Members.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Susan,
Surely, e-mail notification a couple days prior to meeting is an effective means of communicating. E=mail "blasts" by the Board are common now-a-days. Good tool to have and all should shoot for maintaing up-to-date e-mail lists.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By EdwinF on 09/18/2008 5:45 PM
Hi
heres is what az says.
Unless otherwise provided in articles or bylaws of the ass, for meetings of the board of directors that are held after the termination of declarant control of the ass, notice to members of meetings of the boad of dorectors shall be givenat lest forty-eight hours in advanceof the meeting by

it goes on to say how. Are by laws only have one are that talks about notice of meetings written noice of each meeting of members shall be give by or at the direction of the seceretary or person authorized to call a meetingby mail a copy of such notice, postage prepaid at lest 15 days befor the meetingto eact member entitled to vote thereat,

so I receave my notice 0n the 15th and the meeting is on the 18th is this all good??

Edwin,

Yes, this is normally found in the bylaws. There should be two different sections, one pertaining to member meetings and one pertaining to board meetngs. The quote you reference really sounds like the requirement for a member meeting. Note that it says notice is to be given ". . .to each member entitled to vote thereat. . ." Members do NOT vote at board meetings, only board members. Please check your bylaws again looking for an article pertaining to board meetings. It appears to me your notice was received w/i the required time frame. If, however, your bylaws are silent as regards board meetings (which I really doubt!), then the board must comply with State law which requires at least 48 hrs notice, unless otherwise stated in the articles or bylaws.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By SusanW1 on 09/18/2008 6:52 PM
Board meetings are usually set up on a REGULAR schedule. There's no way that every Member will be sent a letter telling them that a REGULAR Board meeting is being held.

If this is a Special Meeting or an Annual Meeting, then "Notice of the Meeting" SHOULD be sent to each Member.

Please confirm whether you are talking about a REGULAR Board meeting or an Annual Meeting of the Members.


Susan,

AZ has an open meeting law which requires each members of the assn to be notified of ALL meetings of the assn, including the regularly scheduled board meetings. So, if the assn has no bulletin board, no newsletter or no other means of posting a notice, then they may be required to send a letter to each member each time a board meeting is being held. Never say never!

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