2.5.2 Notice of Board of Directors Meetings

JurisdictionArizona

§ 2.5.2 Notice of Board of Directors Meetings

Board meetings are also subject to a notice requirement. Notwithstanding any provision in the declaration, bylaws or other community document, notice of a board meeting stating the time and place of the meeting must be provided to owners at least 48 hours in advance of the board meeting by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors.

Interestingly, the notice requirement only exists for board meetings held after the termination of “declarant control” of the association. The term “declarant control” is not defined in the planned community statutes but, presumably, it has a similar meaning that it does in the Arizona Condominium Act. Specifically, “declarant control” likely means that a developer or “declarant” may reserve the right to place directors on the board of directors or otherwise control the affairs of the association during the initial development...

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