By Beth Mulcahy, Esq.
Questions: Is our association required by Arizona law to post the agenda prior to the regular board meeting? Are owners entitled under Arizona to receive an agenda if they attend a regular board meeting? Do you suggest boards use an agenda at a regular board meeting? Can you provide me with a sample agenda for a regular board meeting?
Answer: Great questions! Under Arizona law, an association is not required to post an agenda anywhere prior to a regular board meeting. I suggest that you check your association’s documents to see if your documents require posting of an agenda prior to a regular meeting (in my experience, most don’t). Some of our clients opt to voluntarily email the agenda to owners or post an agenda on the association’s website or in the association’s common areas as a means to keep owners in the loop regarding association business.
Pursuant to Arizona law (A.R.S. Section 33-1804(D) for planned communities and A.R.S. Section 33-1248(D) for condominiums, “[n]otwithstanding any provision in the declaration, bylaws or other community documents, for meetings of the board of directors that are held after the termination of declarant control of the association, the agenda shall be available to all members attending.” As such, association boards or the management company must bring copies of the open board meeting agenda for the number of owners anticipated to attend each board meeting.
Best practices dictate that an agenda be used at every open (or closed executive session) board meeting. Set forth below is a sample meeting agenda:
Name of Association
Type of Meeting
Approval of Previous Meeting Minutes