On April 28, 2026, the Arizona Court of Appeals issued a published opinion in AZNH Revocable Trust v. Sunland Springs Village Homeowners Association. The full decision can be found here.

Does this case/opinion apply to Arizona HOAs and condominium boards effective immediately? 

Yes. This decision is effective immediately and applies to all Arizona HOAs and condominium associations.

Practical Implications of this case/opinion on Arizona HOAs and condos? 

This case significantly changes how boards must conduct meetings:

  • Boards can no longer vote or make final decisions in executive/closed session
  • Executive/closed session is now only for “discussion only” of topics outlined by A.R.S. § 33-1804(A) / § 33-1248(A) (ex: legal advice, violations, collections, personnel, etc.)
  • Executive/closed session agendas must now describe the topic (not just “legal advice” or a statute citation)
  • All Board decisions must now be made in an open board meeting with a proper notice and agenda
  • Boards must list all action items on the open meeting agenda
  • Our firm recommends that boards vote at the next open meeting to approve the Association’s president preparing the agendas for both executive session and open board meetings (or otherwise establish a clear process for agenda preparation going forward). 

Set forth below are sample agendas to help your board comply with this new case decision.

Sample Executive/Closed Session Notice and Agenda

Notice of Executive Session
[Association Name]
Board of Directors
Date: [Insert Date]
Time: [Insert Time]
Location: [Insert Location or Virtual Details]

Pursuant to A.R.S. § 33-1804(A) / § 33-1248(A), the Board of Directors will hold an executive session to discuss the following:

Executive Session Agenda

  • Legal advice regarding enforcement of parking restrictions and conversion of tennis court to pickleball court at our community
  • Review of homeowner violation matters and potential enforcement action
  • Discussion of owner delinquent accounts and collection options
  • Consultation with legal counsel regarding pending or potential litigation

This executive session is closed to members. No final decisions will be made in the executive session. Any formal action will be taken in a properly noticed open meeting.

Sample Open Meeting Notice and Agenda

Notice of Open Board Meeting
[Association Name]
Board of Directors
Date: [Insert Date]
Time: [Insert Time]
Location: [Insert Location or Virtual Details]

The Board of Directors will hold an open meeting. Members may attend.

Open Meeting Agenda

  • Call to Order / Homeowner Forum (5-10 minutes)
  • Approval of Prior Meeting Minutes
  • Executive Session Summary (if applicable)
    • The Board previously met in executive session to discuss legal advice, violations, collections, and/or other permitted matters pursuant to A.R.S. § 33-1804(A) / § 33-1248(A)
  • Action Items (Votes to be Taken in Open Session)
  • Consideration and possible action regarding enforcement of parking restrictions and conversion of tennis court to pickleball court at our community
  • Consideration and possible action on homeowner violation matters
  • Consideration and possible action regarding delinquent accounts and collection steps
  • Consideration and possible action regarding litigation or legal matters (as appropriate for open session)
  • President’s Report
  • Treasurer’s Report / Financial Report
  • Manager’s Report
  • New Business (be specific)
  • Old Business (be specific)
  • Adjournment

If you have any questions about how this decision affects your association or would like assistance updating your meeting procedures and agendas, please contact our firm.