“That’s not what the board said” is at the heart of countless HOA disputes — and the minutes, written by the association itself, don’t always settle it. A 2025 law helps. Senate Bill 1039, signed March 31, 2025, amended Arizona’s open-meeting statutes — A.R.S. § 33-1804 for planned communities and § 33-1248 for condominiums — to guarantee members access to the board’s own recording of a meeting.
Two recording rights — yours, and the board’s recording
Arizona’s open-meeting law actually gives members two distinct recording-related rights. SB1039 added the second one.
1. You can record the open portions yourself
“Persons attending may audiotape or videotape those portions of the meetings of the board of directors and meetings of the members that are open. The board of directors of the association shall not require advance notice of the audiotaping or videotaping…” — § 33-1804(A)
You don’t need permission and you don’t have to announce it in advance. The board may adopt reasonable rules about recording, but those rules cannot prohibit members from recording the open portions of a meeting.
2. If the board records, you get the unedited copy — SB1039’s addition
“If a board records a meeting that is open to the members, the board shall keep a copy of the recording for at least six months and make the unedited recording available to any member on request in compliance with section 33-1805, subsection A.” — § 33-1804(A) (added by SB1039)
- It must keep the recording for at least six months;
- It must make the unedited recording — not a summary, not selected clips — available to any member on request; and
- It must do so under the records procedure of § 33-1805(A) — which means reasonably available, on the statute’s timeline, at no charge to simply review it.
Why the “unedited” word matters
The statute specifically requires the unedited recording. That forecloses a board handing over a trimmed or cleaned-up version. And under the pre-existing language of § 33-1804(A), when the board makes its recording available it must do so “without restrictions on their use as evidence in any dispute resolution process” — meaning you can use that recording in an ADRE petition or other proceeding. A verbatim recording is far harder to dispute than association-drafted minutes.
How to use these rights
- Record open meetings yourself. No advance notice is required; the board can’t forbid it. This gives you your own independent record.
- Ask whether the board records its meetings. If it does, you’re entitled to the unedited copy for at least six months afterward.
- Request it in writing under § 33-1805. Treat it like any other records request — specify the meeting date and ask for the complete, unedited recording.
- Act within six months. The mandatory retention floor is six months; request the recording before that window closes.
- Preserve it as evidence. The statute contemplates using these recordings in dispute resolution — keep your copy intact.
The bigger picture
SB1039 is a small amendment with an outsized effect on accountability. Boards that record meetings can no longer treat those recordings as private. Combined with your independent right to record and your right to the meeting minutes, it gives homeowners a real, verifiable record of what was actually said and decided — which is exactly what “open meetings” is supposed to mean.