Like it or not, virtual board and annual meetings are likely going to continue for Arizona HOAs and condos in the foreseeable future.  

There are many benefits of virtual board and annual meetings.  Virtual meetings are more convenient for directors and owners, allowing individuals to attend from anywhere they have internet access. Increased convenience may lead to increased participation and attendance, as well.  And, virtual meetings can cut down on costs for the association (copies of agendas, financials, minutes and budget reports do not need to be photocopied for attendees, and if an attorney is present at a meeting, virtual meetings greatly reduce the attorney’s travel time – and thus the association’s bill).  Finally, our firm has found that  virtual meetings are shorter and tend to be less contentious than in-person board and annual meetings.  

Some negatives of virtual board meetings are some owners with limited technology may not be able to participate (although Zoom allows an owner to dial in via a phone to board meetings) and many owners and boards miss in-person interactions at board and annual meetings.  

A.R.S. Sections 33-1804(D)(3) and 33-1248(D)(3) allow board members to participate in regular or special meetings through the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.  Going forward, associations may also want to amend their Bylaws to ensure that the ability to hold board meetings via Zoom or other virtual/online platforms.

Regardless of whether a board meeting is held in person or virtually, Arizona law must still be followed.  For an excellent summary of how to conduct virtual board meetings and annual meetings, please click the following links for these topics:

Please contact Beth Mulcahy, Esq. at bmulcahy@mulcahylawfirm.com for any questions on this topic.