Open Meeting Laws and HOA’s
Question: I am on the HOA Board of Directors of a north Phoenix community. There is a great deal of confusion about what issues can be discussed in an executive session of the HOA Board of Directors without the attendance by any homeowners. Under the Arizona open meeting laws what are the areas of discussion for an executive session of the HOA Board of Directors?
Answer: In general, there are four statutory exceptions to the open meeting laws that permit an HOA board of directors to meet in executive session without the presence of any homeowners: (1) legal advice, (2) pending or contemplated litigation, (3) personal information about homeowners, including dues/fines delinquencies, and (4) job performance of employees. See ARS § 33-1248 (condominiums) and ARS § 33-1804 (homes) for more detail.