In a recent email, I asked hundreds of professional community association managers to submit questions they have on which they need guidance. Here are two of those questions.
Does the Board Liaison to the Architectural Committee have to be present for the committee to review business?
The statutes do not answer this question. Nor does the case law. All the statute says is that the board member must chair “the committee” in Planned Communities (there is no corresponding Condominium statutes)… not the actual “meetings” of the committee. Specifically, A.R.S 33-1817(B)(1) says:
Membership on a design review committee, an architectural committee or a committee that performs similar functions, however denominated, for the planned community shall include at least one member of the board of directors who shall serve as chairperson of the committee.
Because neither case law nor the statutes expressly answer this question, the first place we turn is to the governing documents. If those documents are silent, then our opinion generally is that the liaison does not have to chair each meeting. If the Committee otherwise has a quorum, the liaison doesn’t have to necessarily be in attendance.
A resident in our community is growing marijuana in their backyard. The new law allows people to grow weed for personal use but does this new law prohibit an HOA from doing anything about it?
Residents cannot grow weed outdoors. The most recent law (A.R.S. 36-2852) allows individuals (at least 21 years of age) to “cultivate” not more than 6 marijuana plants for personal use at the individual’s primary residence (or a max of 12 plants at a single residence where two or more individuals reside together). The cultivation must take place within a closet, room, or other “enclosed area” that has a lock or security device to prohibit access by minors and should not be visible from public view.
If those are complied with, the Association generally has to allow the growth of plants. However, it sounds like that is not the case here. The Association could enforce its nuisance provisions under the CC&Rs, but it may also be a police issue. Growing weed outdoors is still illegal as far as we interpret the statute. First call the police and see if they are willing to help. Second, call your attorney for advice on what the board can do to address it.