A.R.S. 33-1804: Arizona HOA Board Meetings — 48-Hour Notice, the Five Executive Session Grounds, and the New Ban on Closed-Session Votes

General information, not legal advice.

Every meeting of an Arizona planned community’s board is open to the members, and so is every regularly scheduled committee meeting. Notice and the agenda must go out at least 48 hours ahead, and the board may close a portion of that meeting only for one of five reasons A.R.S. §33-1804(A) lists — after stating on the record which paragraph it is using. From September 12, 2026, S.B. 1290 inserts two words that end the closed-session vote: a planned-community board may consider a matter behind the door, but it may not act on it there.

One drafting note: the statute never says “executive session.” Arizona’s phrase is “closed portion of a meeting,” and a closed portion presupposes an open meeting around it.

§33-1804(A): who may be in the room and what they may do

“Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member’s representative and all members or designated representatives so desiring shall be allowed to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall allow a member or member’s designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue.” — A.R.S. §33-1804(A)

That opening clause does real work: a bylaw closing board meetings to owners, or saving comment for the annual meeting, is overridden. Regularly scheduled committee meetings are open, and subsection (D)’s notice rule follows them. A member’s written designee carries the member’s rights. And the right to speak attaches to a specific agenda item, after discussion and before formal action on it — fifteen minutes at the top of the meeting, then a silent vote on the roof contract, does not satisfy it.

Recording is a member’s right, not a courtesy:

“Persons attending may audiotape or videotape those portions of the meetings of the board of directors and meetings of the members that are open. The board of directors of the association shall not require advance notice of the audiotaping or videotaping and may adopt reasonable rules governing the audiotaping and videotaping of open portions of the meetings of the board and the membership, but such rules shall not preclude such audiotaping or videotaping by those attending, unless the board audiotapes or videotapes the meeting and makes the unedited audiotapes or videotapes available to members on request without restrictions on their use as evidence in any dispute resolution process.” — A.R.S. §33-1804(A)

The board may bar owner recording only by taking on the heavier duty itself. S.B. 1039 (2025), effective September 26, 2025, added the retention clock:

“If a board records a meeting that is open to the members, the board shall keep a copy of the recording for at least six months and make the unedited recording available to any member on request in compliance with section 33-1805, subsection A.” — A.R.S. §33-1804(A)

The trigger is “if a board records,” not “if the board banned owner recording” — leave the cloud recording on and the board has created a six-month record open to member inspection. For the national frame, see HOA open meeting laws.

§33-1804(D)–(E): 48 hours, the agenda, and “workshops”

The notice rule sits in subsection (D) and applies after declarant control ends:

“Notwithstanding any provision in the declaration, bylaws or other community documents, for meetings of the board of directors that are held after the termination of declarant control of the association, notice to members of meetings of the board of directors and meeting agendas shall be given at least forty-eight hours in advance of the meeting by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors.” — A.R.S. §33-1804(D)

The agenda travels with the notice, so “Board meeting, Thursday, 6 p.m., clubhouse” is half a notice; subsection (E)(1) repeats it. Forty-eight hours is a floor. Pick one reasonable means of delivery, adopt it by motion, use it every time — an officer’s affidavit of notice “is prima facie evidence that notice was given.” See how to build an HOA meeting agenda.

Emergencies are the narrow exception. Subsection (D) says notice “is not required if emergency circumstances require action by the board before notice can be given,” and (E)(2) fences the meeting in:

“An emergency meeting of the board of directors may be called to discuss business or take action that cannot be delayed for the forty-eight hours required for notice. At any emergency meeting called by the board of directors, the board of directors may act only on emergency matters. The minutes of the emergency meeting shall state the reason necessitating the emergency meeting. The minutes of the emergency meeting shall be read and approved at the next regularly scheduled meeting of the board of directors.” — A.R.S. §33-1804(E)(2)

A burst main line is an emergency; a proposal that expires Friday is poor calendaring. Subsection (E)(3) allows a telephone quorum only “if a speakerphone is available in the meeting room” so board and association members hear everyone speaking — a hybrid rule, not a remote-meeting rule. Then the sentence that catches the most boards:

“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.” — A.R.S. §33-1804(E)(4)

There is no private board workshop in Arizona. Quorum plus association business equals a meeting: 48 hours, an agenda, owners in the room. “We didn’t vote on anything” is expressly not a defense — the budget work session and the pre-meeting dinner where the roof comes up are both meetings. Whether a quorum’s email thread is one is a question the statute does not answer; a board that would rather not find out in a dispute keeps substantive discussion in the room.

§33-1804(A)(1)–(5): the five closed-session grounds

“Any portion of a meeting may be closed only if that closed portion of the meeting is limited to consideration of one or more of the following: 1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, the board may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment. 2. Pending or contemplated litigation. 3. 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. 4. 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. 5. 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.” — A.R.S. §33-1804(A)

(1) Legal advice from an attorney for the board or the association

The statute names the source: “an attorney for the board or the association.” A board deciding a topic feels legal, with no lawyer in the picture, is not receiving legal advice. Once a matter is finally resolved, the board “may disclose information about that matter in an open meeting,” absent a confidentiality term.

(2) Pending or contemplated litigation

Four words, no qualifiers, and the broadest of the five. The limit lives inside “contemplated”: a board that cannot name the adverse party is speculating.

(3) Personal, health or financial information about an individual

The operative word is individual — a named member, employee, or contractor’s employee. A hardship request or a payment plan on a specific account fits. The aging report does not; a delinquency total is a financial statement line.

(4) Job performance, compensation, health records or complaints about an individual employee

Narrower than boards assume: the on-site manager, the maintenance tech, the assigned community manager. It does not reach the contractor as a company. What the landscaper charges, whether to renew the pool contract, how the bids compare — none of it is a personnel matter, and Arizona provides no closed-session ground for contracts, bids or commercial negotiations at all.

(5) A member’s appeal of a violation or penalty

The board may hear an appeal privately, but the choice belongs to the member: “except on request of the affected member that the meeting be held in an open session.” Offer the option in the hearing notice, in writing.

The list is exclusive

The lead-in is not a preamble to examples. Budgets are not on the list; neither are assessment increases, vendor pricing, rule changes, reserve funding, or “the directors need to speak frankly without owners present.” Subsection (F) settles close calls: anyone interpreting the section must “construe any provision of this section in favor of open meetings.”

§33-1804(C): name the paragraph before you close the door

The sentence boards skip most often is one line long:

“Before entering into any closed portion of a meeting of the board of directors, or on notice of a meeting under subsection D of this section that will be closed, the board shall identify the paragraph under subsection A of this section that authorizes the board to close the meeting.” — A.R.S. §33-1804(C)

Not the general subject. Not “personnel.” The paragraph — one of the five numbers. And where the notice says a portion will be closed, the paragraph belongs in that notice, 48 hours ahead. A compliant motion:

“I move that the board close this portion of the meeting under A.R.S. §33-1804(A)(2) to discuss contemplated litigation regarding a delinquent account. The board will return to the open meeting before taking any action.”

Thirty seconds, and it is the only contemporaneous evidence that the closed portion fit a permitted ground.

Let the software keep the record straight. HOA Board Minutes logs the time the board closed the meeting, the paragraph of §33-1804(A) it identified, the time it returned, and the open-session motion that follows. Free, part of HOA Fiscal. Start with the minutes template, then generate your minutes free →

S.B. 1290: “without action” — what changes on September 12, 2026

S.B. 1290 (2026) is a one-phrase bill. Its entire operative change is two capitalized words in the lead-in of subsection (A):

“Any portion of a meeting may be closed only if that closed portion of the meeting is limited to consideration WITHOUT ACTION of one or more of the following:” — S.B. 1290, 57th Legislature, 2nd Regular Session (2026), amending A.R.S. §33-1804(A)

The Senate fact sheet puts the purpose plainly: the bill “prohibits a planned community (HOA) board from taking action on an item under consideration during the closed portion of a meeting.” Arizona’s general effective date for 2026 session laws is September 12, 2026; until then azleg.gov still shows the pre-amendment text, which is why a board reading the statute today will not find the phrase.

The board may still consider — deliberate, question counsel, hear the appeal. It may not act: no vote, no motion, no straw poll, no consensus announced afterward as settled. The action moves into the open meeting, worded so it does not re-disclose what paragraph (A)(3) or (A)(5) protected, then voted and recorded (how to record a motion and vote).

The condominium carve-out is the confusing part. S.B. 1290 amends §33-1804 and nothing else. The parallel condominium section, §33-1248, is word-for-word identical on the five grounds and was not amended, so its lead-in still reads “limited to consideration of one or more of the following.” Read literally, a condominium board’s closed portion is unchanged. The honest advice is still to vote in the open: §33-1248(F) carries the same construe-in-favor-of-open-meetings command, §33-1248(C) still requires naming the paragraph, and relying on the absence of two words the legislature just wrote into the identical section next door is the weakest ground available. Washington boards have lived under this rule for years under RCW 64.90.445(2)(a), which our Washington executive session guide works through.

Four items carry a closed portion in the open minutes, and no more:

Board closed the meeting at 6:41 p.m. under A.R.S. §33-1804(A)(4). Board returned to the open meeting at 7:08 p.m. No action was taken during the closed portion. Motion to approve the revised on-site staffing schedule effective October 1; moved Ramirez, seconded Nakamura; carried 4–0.

§33-1805 and the closed session

Arizona’s records section is generous and fast: all financial and other records “made reasonably available for examination by any member,” no charge for review, ten business days to fulfill an examination request and ten more for copies, and a copy fee of “not more than fifteen cents per page.” The closed-session exception is item 3 on the withholding list:

“Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1804.” — A.R.S. §33-1805(B)(3)

That is permission to withhold, not to hide everything adjacent to a closed session. The open minutes stay open, and the board’s own recording is expressly not protected — §33-1804(A) requires it produced unedited on request. So write nothing during a closed portion you would not put in the open minutes.

§33-1804(B): the annual meeting in one paragraph

Subsection (B) runs on a different clock. All meetings “shall be held in this state,” and a members’ meeting happens at least once each year. Notice goes out “not fewer than ten or more than fifty days in advance,” hand-delivered or mailed prepaid to each lot, parcel or unit address, stating date, time, place and the purpose — “including the general nature of any proposed amendment to the declaration or bylaws, changes in assessments that require approval of the members and any proposal to remove a director or an officer.” A special meeting may be called by the president, a board majority, or members holding at least 25 percent of the votes.

Six mistakes

Voting in closed session after September 12. For planned communities this is now squarely outside §33-1804(A), and consensus counts — a board that emerges with the matter settled has acted.

A “workshop” with a quorum and no notice. Subsection (E)(4) sweeps in any informal gathering of a quorum discussing association business, and the absence of a vote makes no difference.

Closing for “personnel” to discuss a vendor’s price. Paragraph 4 covers individual employees, not the contractor’s invoice, bid or renewal.

Not naming the paragraph. Subsection (C) requires identifying the paragraph of subsection (A) before closing, and putting it in the notice when a closed portion is noticed in advance.

Deleting the meeting recording before six months. A recorded open meeting must be kept six months and produced unedited on request. Check the platform’s retention setting; most default to less.

Refusing to let a member speak before the vote. The right is specific: once after the board has discussed that agenda item, before formal action, on top of any general comment period.

What to do before September 12

• Rewrite the motion script so every closed portion names the paragraph of §33-1804(A) and states that the board will return before acting.
• Move every vote into the open meeting, worded so it does not re-disclose what the closed portion protected.
• Put the agenda template on a 48-hour send, attached to the notice rather than promised at the door.
• Add a per-item comment moment to the agenda template, immediately before each vote.
• Set meeting-recording retention to at least seven months, so the six-month floor never binds.
• Read the bylaws against subsections (A), (C), (D) and (E) and flag every provision the statute overrides.

Condominium boards should do all six; only the first is legally optional under §33-1248, and it is the one worth doing anyway. Dynamite Management’s companion roundup, Arizona HOA Laws in 2026, covers everything Arizona associations face on September 12, 2026 — S.B. 1246, H.B. 2397 and H.B. 4011 alongside this bill.

Frequently asked questions

Are Arizona HOA board meetings open to members?

Yes. A.R.S. §33-1804(A) opens all meetings of the members’ association, the board, and any regularly scheduled committee meetings to members and to anyone a member designates in writing — “notwithstanding any provision in the declaration, bylaws or other documents to the contrary.” Members, not the general public.

How much notice does an Arizona HOA have to give for a board meeting?

At least 48 hours, and the agenda goes with it: §33-1804(D) requires notice of board meetings “and meeting agendas” at least forty-eight hours in advance, “by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors.” Emergencies are the only exception.

Can an Arizona HOA board vote in executive session?

From September 12, 2026, a planned-community board may not. S.B. 1290 inserts “WITHOUT ACTION” into §33-1804(A), so a closed portion is “limited to consideration WITHOUT ACTION of” the five grounds. Deliberate behind the door, then return to the open meeting to move, vote and record.

What can an Arizona HOA board discuss in executive session?

Five things, under §33-1804(A): legal advice from an attorney for the board or association; pending or contemplated litigation; personal, health or financial information about an individual; job performance, compensation, health records or complaints about an individual employee; and a member’s appeal of a violation or penalty. The list is exclusive.

Does SB 1290 apply to Arizona condos?

No. S.B. 1290 amends only §33-1804. The condominium section, §33-1248, is untouched and still reads “limited to consideration of one or more of the following,” so a condo board’s closed portion is technically unchanged. Since §33-1248(F) still requires construing it “in favor of open meetings,” vote in the open anyway.

Can I record an HOA board meeting in Arizona?

Yes. Under §33-1804(A) “persons attending may audiotape or videotape those portions of the meetings … that are open,” and the board “shall not require advance notice.” It may not prohibit recording unless it records the meeting itself and provides the unedited recording on request, keeping it six months.

Does an Arizona HOA board have to let me speak?

Yes, at a specific moment: the board “shall allow a member or member’s designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak.”

What is a “workshop” under A.R.S. 33-1804?

Any informal gathering where a quorum discusses association business. Section 33-1804(E)(4) requires such a gathering, “including workshops,” to comply with the open meeting and notice provisions “without regard to whether the board votes or takes any action.”

The record is the whole defense. HOA Board Minutes logs the time the meeting closed, the paragraph of §33-1804(A) the board identified, the time it reopened, and the open-session motion and vote that follow. Free, part of HOA Fiscal. Start your next meeting here →

Financial management for Arizona associations, with collections that follow §33-1807’s 30-day certified-mail notice and the 18-month / $10,000 foreclosure threshold: Dynamite Management handles financials, delinquency notices and reserves remotely for associations in Arizona.

Primary sources (azleg.gov, fetched September 8, 2026): A.R.S. §33-1804; A.R.S. §33-1248; A.R.S. §33-1805; S.B. 1290, 57th Legislature, 2nd Regular Session (2026), House Engrossed, amending §33-1804; S.B. 1039, 57th Legislature, 1st Regular Session (2025), Senate Engrossed, amending §§33-1248 and 33-1804; Arizona Legislature general effective dates (2026 session: 09-12-2026; 2025 session: 09-26-2025).