A rule appears out of nowhere. A contract gets signed that no one voted on in public. A board “discussed it over email.” Secret decision-making is one of the most corrosive HOA complaints — and one of the most clearly addressed by Arizona law. A.R.S. § 33-1804 opens with the words “notwithstanding any provision in the declaration, bylaws or other documents to the contrary” and then requires that association and board business be done in the open.
The default is open — and you get to speak
“…all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members … and all members or designated representatives so desiring shall be allowed to attend and speak at an appropriate time during the deliberations and proceedings.” — § 33-1804(A)
It’s not just a right to sit and watch. The statute guarantees a right to speak — and specifically, to speak after the board discusses an agenda item but before it takes formal action on it:
“…[the board] shall allow a member or member’s designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item…” — § 33-1804(A)
The board may set reasonable time limits and must allow a reasonable number of speakers on each side of an issue — but it cannot vote first and take comment later, or skip public comment entirely.
You can record open meetings
Members attending may audiotape or videotape the open portions of board and membership meetings, and the board cannot require advance notice of your recording. It may adopt reasonable recording rules, but those rules can’t prohibit members from recording — and if the board records the meeting itself, it must keep the unedited recording for at least six months and make it available to any member on request, usable as evidence in a dispute.
The only five reasons a board may close a meeting
A board can close a portion of a meeting only if that closed portion is limited to one of these five subjects (§ 33-1804(A)):
- Legal advice from the board’s or association’s attorney;
- Pending or contemplated litigation;
- Personal, health, or financial information about an individual member, employee, or contractor’s employee;
- Employee matters — job performance, compensation, health records, or specific complaints against an individual employee; and
- A member’s appeal of a cited violation or penalty — except the affected member can demand that it be heard in open session.
Notice and agendas: 48 hours for board meetings
After declarant (developer) control ends, the board must give members at least 48 hours’ advance notice of board meetings and their agendas, by newsletter, conspicuous posting, or other reasonable means (§ 33-1804(D)). The agenda must be available in advance to all members attending (§ 33-1804(E)). For meetings of the full membership, the secretary must send notice 10 to 50 days in advance, stating the date, time, place, and purpose — including the general nature of any proposed assessment change, document amendment, or proposal to remove a director (§ 33-1804(B)).
No end-runs: workshops and email don’t escape the rule
Boards sometimes try to move the real decision-making into “workshops” or informal gatherings. The statute closes that door:
“Any quorum of the board of directors that meets informally to discuss association business, including workshops, shall comply with the open meeting and notice provisions of this section without regard to whether the board votes or takes any action on any matter at that informal meeting.” — § 33-1804(E)(4)
If a quorum of the board is discussing association business, it’s a meeting subject to open-meeting and notice rules — vote or no vote. Emergency meetings are allowed only for matters that genuinely can’t wait 48 hours, the board may act only on the emergency matter, and the minutes must state the reason for the emergency.
Arizona tells courts to favor openness
Section 33-1804(F) is unusually direct: it declares the state’s policy that association and board meetings “be conducted openly,” and instructs that anyone interpreting these provisions — including board members and community managers — “shall construe any provision of this section in favor of open meetings.” When there’s ambiguity, the tie goes to transparency.
What to do about secret decisions
- Ask for the agenda and minutes. Under § 33-1805 you can examine board minutes; the record should show what was decided, and where.
- Watch for unstated closures. If the board goes into executive session, it must name the paragraph authorizing it. If it decided substantive business behind closed doors, that likely violates § 33-1804.
- Attend and speak. Insist on your right to comment before a vote — and record the open portion if you wish.
- Escalate if needed. Open-meeting violations are a proper subject for an ADRE petition. See How to File an HOA Complaint With the State.