In the July 23, 2010 issue of “the word” for HOA boards (CAI Carpenter Hazlewood’s enewsletter), CHDW’s Sahl correctly states the silence of the AZ statutes on the issue of corporation rules of order. And, in true pro-HOA support — after all they represent that separate and distinct class of owners, the directors and officers — say the board can do as it pleases. Absent is any recommendation for a sound and “good faith” functioning of the HOA by recommeding that, as a very good idea, the HOA does adopt Roberts Rules of Order.
But, why should they when the board has the broad powers granted by the adhesion CC&Rs and state laws? Why confine and restrict its right to do as it pleases, under these very broad grants of freedom to act, by using Roberts? No, no, no! “Rules” is for the owner-members, those other guys, and not for the hired-hand managers, directors, or officers. Roberts Rules, repeatedly revised, is the 134-year accepted standard for conducting board meetings by corporations, especially nonprofit corporations.
Please understand that the Board does not function for the benefit of the “people”, the homeowner-members, as does public government, but to enforce the CC&Rs first and foremost. Such enforcement to maintain property values is for the mutual benefit of the homeowner-members to the exclsuion of all other rights, freedoms, and privileges and immunities still available to those not living in HOAs.
This surrender by homeowners of their privileges and immunities, which all Americans are to enjoy, must be fully understood. It is not diviluged to the public at large under the unspoken alliance of “no negatives about HOAs.”
For more info, see Does CAI act in good faith for the benefit of the people in HOAs?
Confederate Texas and HOA governments: de facto, unlawful governments
HOA Constitutional Government 