Arizona Attorney General

Mark Brnovich



Does the Attorney General enforce HOA Open Meeting Laws?



The Attorney General's Open Meeting Law Enforcement Team (OMLET) receives a number of calls each year alleging that homeowner associations have violated Arizona's Open Meeting Law (A.R.S.§§ 38-431-431.09).  However, Open Meeting Law does not apply to homeowner associations. Under the Open Meeting law, "all meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings." A.R.S.§ 38-431.01(A).

Arizona law defines a "public body" as:

“…the legislature, all boards and commissions of the state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, the public body.” A.R.S. § 38-431(6).

A homeowner association does not satisfy the definition of "public body" because it is not a political subdivision, is neither a multi-member governing body nor an instrumentality of a political subdivision, and is neither a corporation nor an instrumentality whose board of directors is elected by a political subdivision. See AZ Attorney General Opinion I88-055. A homeowner association does not meet the definition of a "public body" in A.R.S. § 38-431(6), therefore it is not subject to the Open Meeting Law. Id.