Arizona HOA open meeting requirements come from two parallel statutes: A.R.S. §33-1804 for planned communities and §33-1248 for condominiums. Both declare it state policy that association, board, and regularly scheduled committee meetings be open to every member, with fixed notice periods, specific agenda contents, a right to speak before votes, and a right to record. These rules override anything in your declaration, bylaws, or CC&Rs that says otherwise.1Arizona Legislature. Arizona Code Title 33 – Section 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement
Which Meetings Have to Be Open
Every meeting of the members’ association, the board of directors, and any regularly scheduled committee must be open to all members or to anyone a member designates in writing as a representative.1Arizona Legislature. Arizona Code Title 33 – Section 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement Governing documents cannot narrow that access.
The word “regularly scheduled” does real work here. A casual conversation between two board members is not a covered meeting. A standing architectural review committee that meets on a set day each month is. If a committee makes recommendations the board acts on, that committee owes you the same openness the board does.
Notice and Agenda Rules
Arizona sets different timelines for member meetings, board meetings, and emergencies. The rules apply once the developer has turned association control over to the homeowners.
Member Association Meetings
The association must hold at least one member meeting per year. Special member meetings can be called by the president, a majority of the board, or by members holding at least 25% of the voting power (or a lower percentage if the bylaws set one).1Arizona Legislature. Arizona Code Title 33 – Section 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement
The secretary must send notice no fewer than 10 and no more than 50 days before the meeting, hand-delivered or mailed to each lot or unit owner’s address or to another address the member has designated in writing. The notice must state the date, time, and place. The agenda comes separately and can be delivered by hand, mail, website posting, email, or posting at a community center.1Arizona Legislature. Arizona Code Title 33 – Section 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement
The agenda for any annual, regular, or special member meeting must state the meeting’s purpose along with specifics about proposed amendments to the declaration or bylaws, assessment changes requiring member approval, and any proposal to remove a director or officer. A line item labeled “new business” does not satisfy this when the board plans to vote on something specific.
One point that catches owners off guard: if a member does not actually receive the notice, that failure does not invalidate the meeting. Compliance is measured by whether the association sent notice properly.
Board of Directors Meetings
Board meetings require at least 48 hours’ advance notice. The board can give that notice by newsletter, conspicuous posting, or any other reasonable method it selects. The notice must state date, time, and place, and the agenda must be available in advance to attending members.2Arizona Legislature. Arizona Revised Statutes 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement An officer’s affidavit confirming notice was given serves as presumptive evidence of compliance. As with member meetings, the meeting and its actions remain valid if a member did not actually receive notice, so long as notice went out properly.
Emergency Meetings
When circumstances demand action before 48 hours of notice can be given, the board may skip the notice requirement and convene immediately.1Arizona Legislature. Arizona Code Title 33 – Section 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement The statute does not define “emergency circumstances.” Think burst pipes, imminent safety hazards, insurance deadlines that cannot wait two days. A board that routinely calls emergency meetings to avoid notice is abusing the exception.
Your Right to Speak Before a Vote
Attendance without a voice is not the point of an open meeting. The board must allow a member or designated representative to speak at least once after the board has discussed a specific agenda item but before the board votes on it.1Arizona Legislature. Arizona Code Title 33 – Section 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement A board that takes public comment only at the start of the meeting and then votes an hour later without further input is not following the statute.
Boards may impose reasonable time limits and must provide for a reasonable number of speakers on each side of an issue.2Arizona Legislature. Arizona Revised Statutes 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement Three minutes per speaker is reasonable. Limiting a controversial assessment increase to one speaker total is not. The standard is balance, not suppression.
A member who cannot attend in person may designate someone in writing to attend and speak in their place. This is useful for owners who live out of state and want a neighbor or property manager to participate.
Recording the Meeting
Anyone attending an open meeting can audiotape or videotape the proceedings without advance notice to the board. The board may set reasonable rules for how recordings are made, such as where a camera can be placed, but it cannot ban recording outright.1Arizona Legislature. Arizona Code Title 33 – Section 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement
There is one exception. The board can prohibit member recordings if it records the meeting itself and makes the unedited recording available to any member on request, without restricting how the member uses it in a dispute resolution process. The board must keep that unedited recording for at least six months and provide access under the records inspection rules in §33-1805.2Arizona Legislature. Arizona Revised Statutes 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement Most boards do not record their own meetings, which means most boards cannot stop you from recording. If a board records and then edits the tape before sharing it, your right to make your own recording reopens.
When the Board Can Close Part of a Meeting
The board may close a portion of any meeting, but only for one or more of these reasons:
- Receiving legal advice from the association’s attorney. Once the matter is resolved, the board may disclose information about it in an open meeting unless a settlement or judgment requires confidentiality.1Arizona Legislature. Arizona Code Title 33 – Section 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement
- Discussing pending or contemplated litigation, mediation, or arbitration.
- Discussing personal, health, or financial information about an individual member, an association employee, or an employee of a contractor. This covers things like an employee’s performance review or a member’s delinquent account.
- Hearing a homeowner’s appeal of a violation citation or penalty. The affected owner can request that the appeal be heard in open session instead, and the board must comply.
Budget talks, vendor negotiations, and general policy debates do not qualify. The statute also includes a policy declaration favoring openness, and it tells anyone interpreting the statute to construe ambiguous provisions in favor of open meetings.2Arizona Legislature. Arizona Revised Statutes 33-1804 – Open Meetings; Exceptions; Notice; Agenda; Policy Statement When a board argues that a gray-area topic can be closed, the tie goes to transparency.
Virtual and Telephone Meetings
Arizona amended §33-1804 and §33-1248 in 2025 to expressly permit member meetings and board meetings to be held on online or virtual platforms, overriding any contrary provision in the community documents.3Arizona Legislature. HB 2279 – Virtual and Electronic Meeting Platforms A quorum of the board can also meet by telephone conference so long as a speakerphone in the meeting room lets everyone present hear each person who speaks.
Virtual capability does not loosen any other requirement. The 48-hour notice, the advance agenda, and the right to speak before votes all still apply. Running a virtual meeting with the audience muted throughout defeats the point of the statute.
Condominiums Use a Parallel Statute
If you live in a condominium rather than a planned community, look to §33-1248 instead of §33-1804. The substantive protections match: open meetings, 48-hour board meeting notice, the 10-to-50-day member meeting window, the same closed-session exceptions, and the same recording rights.4Arizona Legislature. Arizona Revised Statutes 33-1248 – Open Meetings; Exceptions; Notice; Agenda The wording swaps “unit owners” and “unit owners’ association” for “members” and “members’ association.” Both statutes carry the same policy declaration in favor of openness.
What to Do When the Board Breaks the Rules
Document everything as it happens. Save defective or missing notices, keep your own recordings of open sessions, and note specific instances where the board voted without allowing member comment. A paper trail is what turns a complaint into a case.
Arizona offers a formal dispute resolution process through the Department of Real Estate as an alternative to a lawsuit. An owner or the association itself can file a petition; the dispute must be between the owner and the association, not against an individual board member. Hearings go before an Administrative Law Judge.5Arizona Department of Real Estate. Homeowners Association Dispute Information The Department does not investigate HOAs, issue fines, or discipline boards on its own; it provides the forum. Before filing, it recommends raising the issue with the board directly, participating in community meetings, and attempting mediation. For criminal or consumer matters, the local county attorney or the Arizona Attorney General’s office may also be able to help.