The 2017 Planned Community law changes are listed below, in part:
- Senate Bill 1060 formally moved the Planned Community/Condo dispute process between members of a planned community and condo community from the Dept of Fire, Building and Life Safety to the Arizona Department of Real Estate. Hearings were already being held at the Real Estate Department.
- House Bill 2411 made some changes in the Open Meetings law ARS 33-1804.
- An association may not require advance notice of audio or videotaping an open board meeting.
- A board can preclude members from audio or videotaping if the board itself audio or videotapes the meeting and makes the unedited audio or videotapes available to members on request and without imposing restrictions on its use as evidence.
- The notice for any annual, regular or special meeting of owners shall state the purpose for which the meeting is called.
- Before conducting an executive meeting, the board must identify the section, for each agenda item, authorizing the closure of the meeting.
- There are five topics that may be used to authorize the discussion in closed session:
- Legal advice from an attorney for the board or the association.
- Pending or contemplated litigation.
- 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.
- 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.
- 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.
- If an emergency meeting of the board is called for a topic that cannot be delayed for the 48 hours required notice, the board may act only on the emergency issue.
- The requirement passed by last year’s legislature (2016) to have the envelope used for returning an absentee or mail-in ballot contain the name, address and signature of the voter is repealed.
This blog post is for informational purposes only. To understand the actual law, refer to the statutes or consult with your HOA or Condo association attorney.
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