Assigned to GOV AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1039
homeowner's associations; meetings; recordings
Purpose
Requires the board of directors of a condominium unit owners' association (COA) or
planned community association (HOA) to keep a copy of a recorded meeting for at least six
months.
Background
All meetings of a COA, HOA or the respective association's board of directors (board)
must be open to all members of the COA or HOA, or any person designated to be the member's
representative. Persons attending a meeting may audiotape or videotape portions of the meetings
that are open, and the board may not require advance notice of any recording. The board may adopt
reasonable rules governing recording open portions of a meeting, except the rules may not preclude
recording the open portions unless the board records the meeting. If the board records a meeting,
the board must make the unedited recordings available to members upon request without
restrictions on the tapes' use as evidence in any dispute resolution process (A.R.S. §§ 33-1248 and
33-1804).
All financial and other records of a COA or HOA must be reasonably available for
examination by any member or the member's representative. A COA or HOA may not charge a
fee for making material available to a member or a member's representative for review and must
fulfill the request within 10 business days. If a member or the member's representative requests to
purchase copies of records, a COA or HOA must provide copies within 10 business days. A COA
or HOA may not charge more than 15 cents per page for requested records (A.R.S. §§ 33-1258
and 33-1805).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the board of a COA or HOA that records a meeting that is open to members to keep
a copy of the recording for at least six months.
2. Requires the board of a COA or HOA to make the unedited recording of a meeting available
to any member upon request in compliance with statutory requirements regarding a COA or
HOA furnishing records.
3. Becomes effective on the general effective date.
FACT SHEET – Amended
S.B. 1039
Page 2
Amendments Adopted by Committee
• Specifies that the requirement for a board to keep a recording only applies to recordings made
of meetings that are open to members.
Amendments Adopted by Committee of the Whole
• Specifies that the COA and HOA meeting recording retention requirements must comply with
the statutory requirements relating to the furnishing of records.
Senate Action
GOV 1/15/25 DPA 6-0-1
Prepared by Senate Research
February 12, 2025
AN/SDR/slp