New HOA Legislation in Arizona

For some of us this could be considered a win.  Effective July 19, 2011, for both Condos and planned communities owners may tape record or video tape open portions of board meetings.   Hopefully, this will cause everyone to act like rational adults.  You-Tube will be the least of peoples worries.  It can be used as evidence against or for anyone in attendance.

"A Member" is now allowed to speak after the board deliberated on a motion and before the board votes.  Owners are not limited to speaking only during the homeowner forum.  Speculation is that this will cause meetings to become long and drawn out.  I see this as being a problem that the board could fix easily by sending out surveys.  Ask owners what they think about certain things.  Send a post card so owners without computers and web etiquette doesn't get in the way and confuse the issue.  You don't want one typing in all caps causing other people to think they are yelling or being rude when they are not.  A simple post card will do just fine.  Apply for cut rate postage for non-profits if the expense is an issue.

Agendas must be made available to all those who attend board meetings.

If the board votes or deliberates on association business then it is a board meeting.  Therefore, communication between board members be in e-mail or in person is not a meeting.

Teleconferencing is allowed provided that board members and attendees can all hear each other at the same time.

The Department of Building and Fire can now hear cases filed by homeowners.

Arizona recognizes Gadsden Flag which was the first flag flown by the Continental Marines into battle during the American Revolution.  The flag displays a rattle snake prepared to strike on a yellow background with the words "Don't Tread on Me" may not be restricted by an association.  The Gadsden flag was replaced with Old Glory but is still used as a symbol of American patriotism, a symbol of disagreement with government, or a symbol of support for civil liberties. 

Associations must allow door-to-door Politicking on the property normally open to visitors.  They may restrict the times but may not prohibit it all together.  They may restrict the activity from sunset to sunrise or require ID tags with the candidate or issue that is subject to support or opposition.

Violation Hearings may be held in Executive Session unless the effected owner demands it be done during the open meeting.  This could be a double edged sword.  Especially, when caught on tape.