05/07/2026
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As discussed during last week’s Live Virtual First Friday event, a recent Arizona Court of Appeals decision immediately impacts how community association boards conduct meetings. Understandably, we have received a number of follow-up questions, so we have prepared a short video and written summary (including sample agendas) to walk through the key takeaways and practical implications.
- To watch the video, now available on our firm’s YouTube channel, click here: https://youtu.be/KltVIA1xtic.
- To read our summary of AZNH Revocable Trust v. Sunland Springs Village Homeowners Association, click here: https://www.mulcahylawfirm.com/new-arizona-case-changes.../.
On April 28, 2026, the Arizona Court of Appeals issued a published opinion in AZNH Revocable Trust v. Sunland Springs Village Homeowners Association. This decision is effective immediately and applies to all Arizona HOAs and condominium associations.
This case significantly changes how boards must conduct meetings:
- Boards can no longer vote or make final decisions in executive/closed session
- Executive/closed session is now only for “discussion only” of topics outlined by A.R.S. § 33-1804(A) / § 33-1248(A) (ex: legal advice, violations, collections, personnel, etc.)
- Executive/closed session agendas must now describe the topic (not just “legal advice” or a statute citation)
- All Board decisions must now be made in an open board meeting with a proper notice and agenda
- Boards must list all action items on the open meeting agenda
Our firm recommends that boards vote at their next open meeting to approve a process for agenda preparation, such as authorizing the association’s president to prepare agendas for both executive and open board meetings.
As always, our firm stands ready to assist your board and answer questions regarding this new case law.
credits: Mulcahy Law Firm