Real Estate Statute vs Non-Prof Corp Statute?

Started by IrmaG • 3 replies • 1310 views

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IrmaG (Arizona)
Posts: 11

Posted:

In the state of Arizona, Associations are governed by 2 separate statues when it comes to how meeting are conducted (and other issues)

Real Estate Statutes (title 33) mandates that meetings be held IN the state

Non-Profit Corp & Association Statutes (title 10) mandates that meetings can be held IN or OUT of state

So, who prevails? (I would say title 10 but............ hey, here is a direct conflict of the law)

Thanks for the input!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Irma,
Once your Articles of Incorporation are filed, you are required by law to follow the "Not For Profit" laws. You are seperate from the Real Estate laws as for meeting, voting and procedures for running a HOA. Your own documents tell you how to conduct your meetings, at least they should.

IrmaG (Arizona)
Posts: 11

Posted:

You know Donna,

That's what I thought, but apparently the have been going on title 33 for everything.

Well, good thing is, I'm a paper/research person. Maybe I'll be some help to the BOD & Association.

Regards,

RaymondC (Minnesota)
Posts: 64

Posted:

The responders here give you good advice.

In any event, there is NO conflict between these laws. One offers a choice and says you can make a choice, the other precludes one choice and says you must be in state. You would be in compliance with both if you held your meetings in state, and out of compliance only if you held them out of state.

To be in conflict both would have to specify mutually exclusive alternatives.

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