NEWS ARTICLES
HOAMCO: Important Arizona Court Ruling: Closed Session Meetings
Posted on Apr 29th, 2026
We have an important update to share that will affect how your community association conducts board meetings moving forward. Yesterday, April 28, the Arizona Court of Appeals issued a ruling in AZNH Revocable Trust v. Sunland Springs Village Homeowners Association. This decision expands on A.R.S. § 33-1804 and applies to both planned communities and condominiums. If you are interested in reading more about the case, the details can be obtained in the Arizona Court of Appeals (Arizona Court of Appeals, Division One, No. 1 CA-CV 35-0424, Filed 04-28-2026, No. CV2023-096192, the Honorable Rodrick J. Coffey, Judge).
The ruling states that associations cannot vote or make formal decisions during executive (closed) session meetings. While executive sessions may be used for discussion, all voting must take place in an open meeting.
Additionally, the court ruled that before any issue is discussed in an executive session, the Board must first vote in an open meeting, unless this authority has been formally delegated. To streamline this process, we recommend that boards vote to delegate this responsibility to the board President. This will allow the President to work with your community manager to schedule executive sessions and set the agenda. If you delegate this authority, make sure the decision is documented in the meeting minutes.
What Can Be Discussed in Closed Sessions?
While closed sessions are permitted for discussion, these meetings are limited to the following topics under A.R.S. § 33-1804(A):
Legal advice from your association's attorney
Ongoing or potential lawsuits
Personal, health, or financial details about individual members, employees, or contractors
Job performance, pay, health records, or complaints involving specific employees or contractors
A member's appeal on a violation or fine (unless they ask for it to be discussed in an open meeting)
Closed Meeting Notices & Agendas
Notices for all closed meetings must include the date, time, and location, as well as the specific language from A.R.S. § 33-1804(A) that permits the topic to be discussed in a closed session. Additionally, agendas for closed session meetings must provide sufficient detail about the topics to be discussed, while omitting personally identifying information or attorney-client privileged information.
We recommend working with your manager and association attorney to discuss this ruling and ensure your meeting procedures and resolutions comply with this new decision. As always, if you have any questions, please do not hesitate to reach out to your community manager or vice president.
The ruling states that associations cannot vote or make formal decisions during executive (closed) session meetings. While executive sessions may be used for discussion, all voting must take place in an open meeting.
Additionally, the court ruled that before any issue is discussed in an executive session, the Board must first vote in an open meeting, unless this authority has been formally delegated. To streamline this process, we recommend that boards vote to delegate this responsibility to the board President. This will allow the President to work with your community manager to schedule executive sessions and set the agenda. If you delegate this authority, make sure the decision is documented in the meeting minutes.
What Can Be Discussed in Closed Sessions?
While closed sessions are permitted for discussion, these meetings are limited to the following topics under A.R.S. § 33-1804(A):
Legal advice from your association's attorney
Ongoing or potential lawsuits
Personal, health, or financial details about individual members, employees, or contractors
Job performance, pay, health records, or complaints involving specific employees or contractors
A member's appeal on a violation or fine (unless they ask for it to be discussed in an open meeting)
Closed Meeting Notices & Agendas
Notices for all closed meetings must include the date, time, and location, as well as the specific language from A.R.S. § 33-1804(A) that permits the topic to be discussed in a closed session. Additionally, agendas for closed session meetings must provide sufficient detail about the topics to be discussed, while omitting personally identifying information or attorney-client privileged information.
We recommend working with your manager and association attorney to discuss this ruling and ensure your meeting procedures and resolutions comply with this new decision. As always, if you have any questions, please do not hesitate to reach out to your community manager or vice president.
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