I need some helps with the wording I might use when requesting records of unnoticed email meetings for the purpose of considering and voting on non-emergency open-meeting subject matter. I think the only records would be email conversations – and I’m not sure how to request these.
Looking at DeBoer v. Turtle Rock III HOA which specifically dealt with the issues of whether a board is permitted to conduct unnoticed email meetings for the purpose of considering and voting on non-emergency open-meeting subject matter.
When I asked about the issue of meeting and voting in email, the Community Manager verbally informed us that Title 10 permits the directors to take action without a meeting if their vote is unanimous.
I assume the Community Manager intended to refer to A.R.S 10-3704 Action by written consent. Which does not exempt HOA’s from the requirements of A.R.S 33-1804 “Open Meetings”.
However, in my opinion, the Community Manager may be incorrect. The tribunal in DeBoer v. Turtle Rock III HOA, concluded that the Board’s “practice of taking actions in the absence of a meeting by obtaining unanimous written consent of the Board members via email violated the charge provision of A.R.S 33-1804.”