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SB1290 - 572R - H Ver
House Engrossed
Senate Bill
agricultural
property; inspections; notice.
(now: open meetings;
planned communities)
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1290
AN
ACT
amending section 33-1804, Arizona
Revised Statutes; relating to planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1804, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-1804.
Open meetings;
exceptions; notice; agenda; policy statement
A. Notwithstanding any provision in the declaration,
bylaws or other documents to the contrary, all meetings of the members'
association and the board of directors, and any regularly scheduled committee
meetings, are open to all members of the association or any person designated
by a member in writing as the member's representative and all members or
designated representatives so desiring shall be allowed to attend and speak at
an appropriate time during the deliberations and proceedings. The
board may place reasonable time restrictions on those persons speaking during
the meeting but 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 in addition to any other opportunities
to speak. The board shall provide for a reasonable number of persons
to speak on each side of an issue. 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 and may
adopt reasonable rules governing the audiotaping and videotaping of open
portions of the meetings of the board and the membership, but such rules shall
not preclude such audiotaping or videotaping by those attending, unless the
board audiotapes or videotapes the meeting and makes the unedited audiotapes or
videotapes available to members on request without restrictions on their use as
evidence in any dispute resolution process. 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. Any portion of a meeting may be closed only if that closed
portion of the meeting is limited to consideration
without
action
of one or more of the following:
1. Legal advice from an attorney for the board or
the association. On final resolution of any matter for which the board received
legal advice or that concerned pending or contemplated litigation, the board
may disclose information about that matter in an open meeting except for
matters that are required to remain confidential by the terms of a settlement
agreement or judgment.
2. Pending or contemplated litigation.
3. Personal, health or financial information about
an individual member of the association, an individual employee of the
association or an individual employee of a contractor for the association,
including records of the association directly related to the personal, health
or financial information about an individual member of the association, an
individual employee of the association or an individual employee of a
contractor for the association.
4. Matters relating to the job performance of,
compensation of, health records of or specific complaints against an individual
employee of the association or an individual employee of a contractor of the
association who works under the direction of the association.
5. Discussion of a member's appeal of any violation
cited or penalty imposed by the association except on request of the affected
member that the meeting be held in an open session.
B. Notwithstanding any provision in the community
documents, all meetings of the members' association and the board shall be held
in this state.� A meeting of the members' association shall be held at least
once each year. Special meetings of the members' association may be
called by the president, by a majority of the board of directors or by members
having at least twenty-five percent, or any lower percentage specified in
the bylaws, of the votes in the association.� Not fewer than ten or more than
fifty days in advance of any meeting of the members the secretary shall cause
notice to be hand delivered or sent prepaid by United States mail to the
mailing address for each lot, parcel or unit owner or to any other mailing
address designated in writing by a member. The notice shall state
the date, time and place of the meeting. A notice of any annual,
regular or special meeting of the members shall also state the purpose for
which the meeting is called, including the general nature of any proposed
amendment to the declaration or bylaws, changes in assessments that require
approval of the members and any proposal to remove a director or an
officer. The secretary shall also provide an agenda for any meeting
of the members' association by hand delivery, mail, website posting, email or
other electronic means or posting at a community center or other similar
location. The failure of any member to receive actual notice of a
meeting of the members or the meeting agenda does not affect the validity of
any action taken at that meeting.
C. Before entering into any closed portion of a
meeting of the board of directors, or on notice of a meeting under subsection D
of this section that will be closed, the board shall identify the paragraph
under subsection A of this section that authorizes the board to close the
meeting.
D. Notwithstanding any provision in the declaration,
bylaws or other community documents, for meetings of the board of directors
that are held after the termination of declarant control of the association,
notice to members of meetings of the board of directors and meeting agendas
shall be given at least forty-eight hours in advance of the meeting by
newsletter, conspicuous posting or any other reasonable means as determined by
the board of directors. An affidavit of notice by an officer of the
corporation is prima facie evidence that notice was given as prescribed by this
section.� Notice to members of meetings of the board of directors is not
required if emergency circumstances require action by the board before notice
can be given. Any notice of a board meeting shall state the date, time and
place of the meeting. The failure of any member to receive actual
notice of a meeting of the board of directors or a meeting agenda does not
affect the validity of any action taken at that meeting.
E. Notwithstanding any provision in the declaration,
bylaws or other community documents, for meetings of the board of directors
that are held after the termination of declarant control of the association,
all of the following apply:
1. The agenda shall be available in advance for all
members attending.
2. An emergency meeting of the board of directors
may be called to discuss business or take action that cannot be delayed for the
forty-eight hours required for notice. At any emergency
meeting called by the board of directors, the board of directors may act only
on emergency matters. The minutes of the emergency meeting shall state the
reason necessitating the emergency meeting.� The minutes of the emergency
meeting shall be read and approved at the next regularly scheduled meeting of
the board of directors.
3. A quorum of the board of directors may meet by
means of a telephone conference if a speakerphone is available in the meeting
room that allows board members and association members to hear all parties who
are speaking during the meeting.
4. 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.
F. It is the policy of this state as reflected in
this section that all meetings of a planned community, whether meetings of the
members' association or meetings of the board of directors of the association,
be conducted openly and that notices and agendas be provided in advance for
those meetings that contain the information that is reasonably necessary to
inform the members of the matters to be discussed or decided and to ensure that
members have the ability to speak after discussion of agenda items, but before
a vote of the board of directors or members is taken. Toward this end, any
person or entity that is charged with the interpretation of these provisions,
including members of the board of directors and any community manager, shall
take into account this declaration of policy and shall construe any provision
of this section in favor of open meetings.
END_STATUTE