Recent amendments to the Arizona Condominium Act and the Arizona Planned Community Act provide important protections to property owners who wish to assemble and use to common areas of the community for meetings.
A.R.S. § 33-1261(J), which applies to condominiums, states as follows:
Notwithstanding any provision in the condominium documents, an association may not prohibit or unreasonably restrict a unit owner's ability to peacefully assemble and use common elements of the condominium if done in compliance with reasonable restrictions for the use of that property adopted by the board of directors. An individual unit owner or group of unit owners may assemble to discuss matters related to the condominium, including board of director elections or recalls, potential or actual ballot issues or revisions to the condominium documents, property maintenance or safety issues or any other condominium matters. A unit owner may invite one political candidate or one non-unit owner guest to speak to an assembly of unit owners about matters related to the condominium. The association shall not prohibit a unit owner from posting notices regarding those assemblies of unit owners on bulletin boards located on the common elements or within common element facilities. An assembly of unit owners prescribed by this subsection does not constitute an official unit owners' meeting unless the meeting is noticed and convened as prescribed in the condominium documents and this chapter.
A.R.S. § 33-1808(M), which governs planned communities (single family homes/HOAs), is nearly identical to the condominium statute and states as follows:
Notwithstanding any provision in the community documents, an HOA or condominium association may not prohibit or unreasonably restrict a member's ability to peacefully assemble and use common areas of the planned community if done in compliance with reasonable restrictions for the use of that property adopted by the board of directors. An individual member or group of members may assemble to discuss matters related to the planned community, including board elections or recalls, potential or actual ballot issues or revisions to the community documents, property maintenance or safety issues or any other planned community matters. A member may invite one political candidate or one non-member guest to speak to an assembly of members about matters related to the community. The association shall not prohibit a member from posting notices regarding those assemblies of members on bulletin boards located on the common areas or within common area facilities. An assembly of members prescribed by this subsection does not constitute an official members' meeting unless the meeting is noticed and convened as prescribed in the community documents and this chapter.
These statutes mandate that an association may not prohibit homeowners from using common areas, such as parks or community centers, for the purpose of holding meetings for any reasonable purpose. Importantly, this includes assemblies to discuss community issues, such as election of board members or other ballot issues like amendments to the community’s governing documents.
Significantly, the statutes also require that HOAs and condominium associations allow homeowners to list notices of scheduled meetings on bulletin boards or in other common area facilities. Pursuant to these statuary provisions, however, Associations may impose reasonable restrictions on the use of facilities. Unfortunately, absent further guidance from the legislature or courts, determination of whether restrictions imposed by associations are likely to be to subject of disputes and litigation between associations and homeowners.