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ScottF5 (Arizona)
Posts: 13
Posted:


02/28/17
As a prospective board member for our Phoenix,AZ HOA community, I thought it a great idea to hold a town hall meeting open to all members and residents to be able to exudes their questions or concerns about the community. As everyone is invited, including current Board members, I was advised that this town hall would be considered a board meeting. I strongly disagree with that assertion since no Board business will be conducted. Current members of the Board along with the contracted property mgmt staff insists that this meeting would by law be considered a Board meeting.
Does anyone have any info to support that claim? I've searched the AZ HOA laws and couldn't find anything. I'd appreciate any comments
KerryL1 (California)
Posts: 14,550
Posted:
Our wise & experienced AZ posters can help, I'm sure, Scott. It could be that if the Board would not vote or make any decisions, there's a way to do this. But I definitely defer to them.

Are you on the board?

What concerns you about terming this a board meeting?

Meantime, you could look at AZ statutes especially those concering open meetings of boards in HOAs.
ScottF5 (Arizona)
Posts: 13
Posted:
My posting speaks to your reply. I'll hope that any AZ members can opine. I'm of the mind that an open town hall held is not considered a Board meeting and should not be thought of as such. I'm looking for directrices as the statutes are silent on that
RichardP13 (California)
Posts: 3,868
Posted:
If I would in your shoes I would proceed this way.

Have the meeting noticed to all the Members as a open meeting. Have someone other than a Board member be the host of the meeting. Make sure that the Board doesn't sit at the same table giving the appearance that this is a board meeting. Make sure there is no promise that action will be taken at that meeting or subsequent meeting. Let anyone in attendance know that items discussed could be included at a further Board meeting, but no promises.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, Scott, I missed you're a prospective board member. Great that you're willing to serve.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Per ARS 33-1804 (D):

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.

Therefore, at the very least, you will need to comply with notice requirements.

Typically, if a quorum of Directors are together and discuss association business, it is considered a board meeting.

This certainly sounds like something being done at your proposed meeting.

My suggestion, rather then a town hall, make it a special membership meeting for the purpose of discussing where the Association is headed along with Q&As. this way, it's a general membership meeting vs. a board meeting and different rules apply.
KerryL1 (California)
Posts: 14,550
Posted:
Tim's reply probably applies to CA too. But posting the noise x days in advance and having it open to all owners would not seem to be a problem. That's why I asked why the name of the meeting matters, Scott.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, "notice."
ScottF5 (Arizona)
Posts: 13
Posted:
Thank you all for your input.

We are providing more than ample time in which to notice the town hall where all are invited. The purpose is simply to provide a dedicated forum for homeowners to voice their concerns and share visions of the community as a whole. Rather than the limited time afforded to homeowners to speak at a Board meeting, this will be solely for the benefit of giving the members a voice without any push back often received at regular meetings the current Board holds. It's not a Board sponsored gathering even though the 3 of 7 newly elected Board members will collectively host this meeting with no Board action to take place at that meeting.
AugustinD
Posts: 5,144
Posted:
Serve liquor. This is my plan for the town hall meeting a number of members at my HOA are proposing.
ScottF5 (Arizona)
Posts: 13
Posted:
Haha! Thanks for the levity!
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By ScottF5 . . . I was advised that this town hall would be considered a board meeting. I strongly disagree. . . Current members of the Board along with the contracted property mgmt staff insists that this meeting would by law be considered a Board meeting. . .

ScottF5 : In addition to the above good comments, may I respectfully suggest that the initial approach may be to track down instead what your jurisdiction may or may not define as the lawful prior essentials for Notice of a Board meeting & who sends the Notices & content etc & who convenes. Then then do the same within the community's subordinate site-specific governance documents.

That may not 'exhaust' the criteria. But if your idea of a Town Hall Meeting is not on common elements nor advertised & notified using association funds but rather your own, wouldn't management opposition raise legitimate concerns about your own freedom of association, free speech etc ?

Is management concern about facilitating a potential election meeting for a potential candidate or a forum for kvetching at a meeting they would not be convening & chairing ?

Do members fear commenting during Other Business at the end of a typical Owners meeting ? Do they have trouble keeping awake if it's left to midnight ?

JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By AugustinD on 02/28/2017 8:27 PM
Serve liquor. This is my plan for the town hall meeting a number of members at my HOA are proposing.

LOL ... Many HOA's will have get togethers for the members; however, like ours I recommend BYOB for booze and bring your own snack/food to share. This helps eliminate HOA liability of themselves serving alcohol.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
You can absolutely hold a town hall-style meeting for your community. Rules regulating "official" HOA board meetings are there to protect against covert board business being conducted and not to thwart citizen feedback in an open forum.

However, I'll tell you that the town hall meetings will grow very old very quickly if you join the board. They won't generally lure residents who are content but will be a magnet for naysayers and complainers who you'll find are difficult to please no matter your transparent approach. I'd hate to see you join your HOA board with honest intentions and get "eaten alive" by complaints and groaning.

If you and your new board are doing business in a manner that satisfies the dues payers ( who are the boss), then your town halls will be sparsely attended anyway. A good email newsletter will do the trick, keep everyone informed on a level footing and keep the complainers out of your face.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
You can absolutely hold a town hall-style meeting for your community. Rules regulating "official" HOA board meetings are there to protect against covert board business being conducted and not to thwart citizen feedback in an open forum.

However, I'll tell you that the town hall meetings will grow very old very quickly if you join the board. They won't generally lure residents who are content but will be a magnet for naysayers and complainers who you'll find are difficult to please no matter your transparent approach. I'd hate to see you join your HOA board with honest intentions and get "eaten alive" by complaints and groaning.

If you and your new board are doing business in a manner that satisfies the dues payers ( who are the boss), then your town halls will be sparsely attended anyway. A good email newsletter will do the trick, keep everyone informed on a level footing and keep the complainers out of your face.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KellyM3 on 03/06/2017 5:44 AM
You can absolutely hold a town hall-style meeting for your community. Rules regulating "official" HOA board meetings are there to protect against covert board business being conducted and not to thwart citizen feedback in an open forum.

However, I'll tell you that the town hall meetings will grow very old very quickly if you join the board. They won't generally lure residents who are content but will be a magnet for naysayers and complainers who you'll find are difficult to please no matter your transparent approach. I'd hate to see you join your HOA board with honest intentions and get "eaten alive" by complaints and groaning.

If you and your new board are doing business in a manner that satisfies the dues payers ( who are the boss), then your town halls will be sparsely attended anyway. A good email newsletter will do the trick, keep everyone informed on a level footing and keep the complainers out of your face.

Well said.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Guess I am glad I live in Colorado vs Carolinas because when we have our fall get together most all owners attend and we all have a good time.
ScottF5 (Arizona)
Posts: 13
Posted:
Thanks. This isn't my first trip to the rodeo, but first hoa in AZ
ScottF5 (Arizona)
Posts: 13
Posted:
It's a simple concept. Not a board meeting. No minutes, just a simply open forum social for all members
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By ScottF5 on 03/06/2017 8:54 PM
It's a simple concept. Not a board meeting. No minutes, just a simply open forum social for all members

That is what we do and we have a good time .

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