Senate Bill 1290 — amending A.R.S. § 33-1804(A)
Applies only to planned communities, not condominiums.
Today’s post in our legislative series covers a change that affects how every planned community board runs its meetings, along with a recent Court of Appeals decision pointing in the same direction.
Senate Bill 1290 became effective on September 12, 2026. It amends A.R.S. § 33-1804(A), which governs closed portions of board meetings, to prohibit boards from taking any action (including votes or decisions) in a closed session. It does this by adding the phrase “WITHOUT ACTION” to the final sentence of the introductory paragraph of A.R.S. § 33-1804(A), so that it will read: “Any portion of a meeting may be closed only if that closed portion of the meeting is limited to consideration WITHOUT ACTION of one or more of the following:”
Practically, this means boards may not take votes or make decisions in closed session. All actions must be taken in an open meeting where members are entitled to attend, subject to statutory exceptions.
A recent Arizona Court of Appeals case, AZNH Revocable Trust v. Sunland Springs Village Homeowners Association, No. 1 CA-CV 25-0424 (Ariz. Ct. App. Apr. 28, 2026), clarifies that both HOA and condominium boards should not take action in executive (closed) session, except as allowed by statute. That decision applies to both A.R.S. § 33-1804 (planned communities) and A.R.S. § 33-1248 (condominiums) and is separate from, but consistent with, SB 1290’s “WITHOUT ACTION” change.
Mulcahy Law Firm recommends that boards and managers review their executive session practices and agenda templates in light of both the statutory change and the AZNH decision.
Information in this article reflects the law as of the publication date. Laws are subject to change, and this post may not be updated to reflect subsequent legal developments. Contact Mulcahy Law Firm, P.C. with questions at info@mulcahylawfirm.com.
