January 2003
Arizona’s Open Meeting Law--Ask the Expert
By Carolyn B. Goldschmidt, Esq.

Appeared in Newsletter for Southern Arizona Chapter Community Associations Institute

Q. We have an 11-member Board, with some inexperienced directors, who were recently elected at our last Annual Meeting. Our manager is planning a “retreat” for training and planning in preparation for the coming year of service by Board members. Will Arizona’s open meeting law allow us to have a retreat without inviting the general membership?

A. Both the Planned Communities Act and the Condominium Act have a provision that requires 48 hours prior notice to all Association members of any Board meeting. The Acts also require that members have an opportunity to be present during Board deliberations and voting. However, Members do not have a right to speak or otherwise participate in Board meetings, unless recognized by the Board. Shortly after the Planned Communities Act came into effect in 1994, the Arizona Attorney General’s office issued an opinion on the open meeting law that stated that anytime a quorum of the Board got together to discuss Association business, the open meeting law applied. This opinion certainly gives one a flavor for the intention behind the law, which is that the Association members have the right to hear all Association business. There are four exceptions to the opening meeting law; therefore, if the Board is discussing business that falls within any of the following four categories, the meeting or applicable portion of the meeting may be held in closed or executive session:

However, according to the Acts, even notice of the closed meeting must be given to Members. Thus, if portions of the Board retreat are addressing any of the four areas that are exceptions to the opening meeting law, those portions of the meeting may be closed. All other segments of the retreat must be open to Association Members, and the Membership must be given notice of the entire retreat.