Arizona HOA Board Governance | Executive Sessions | 1 CA-CV 15-0744
McNally limits a majority board’s power to sideline an elected director. The Court of Appeals held the Sun Lakes board lacked authority to exclude Colette McNally from all executive sessions as an ad hoc discipline tool.
Last updated June 3, 2026. Case: Colette McNally v. Sun Lakes Homeowners Association #1, Inc., Arizona Court of Appeals No. 1 CA-CV 15-0744; Maricopa County Superior Court No. CV2014-009496.
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The rule in one sentence
An HOA board cannot invent a blanket executive-session exclusion that strips an elected director of core board participation rights without legal authority in statutes, bylaws, or a proper removal process.
Case snapshot
Denial of preliminary injunction was reversed and remanded.
Sun Lakes excluded McNally from all executive sessions for the balance of her term.
A.R.S. 10-3801, 10-3822, 10-3825, 10-3810, and 33-1804.
Director discipline must follow real authority, not majority convenience.
Case Dossier
This generated dossier mirrors the structured data surfaced on the OAH/ADRE case pages. It is added from the curated court-case record and the custom page source package, while the hand-authored analysis below remains intact.
Case Summary
| Case ID / citation | 1 CA-CV 15-0744 |
|---|---|
| Court / tribunal | Court of Appeals |
| Decision / key date | October 13, 2016 |
| Judge / panel | Presiding Judge Andrew W. Gould, Judge Peter B. Swann, Judge Patricia A. Orozco |
| Parties | A duly elected board member sued the HOA after the board voted to exclude her from executive sessions. |
| Governing law |
|
| Topics | Board GovernanceMeetings & RecordsOpen MeetingsNonprofit Corporation |
| Outcome / holding | The court held that the HOA board lacked authority to exclude a duly elected director from executive sessions and reversed the denial of injunctive relief. |
| Primary public source | View source opinion/order |
Parties, Court, and Research Coverage
| Uploaded source package | 134 PDFs, 3 other source files |
|---|---|
| Step-by-step docket roadmap | 4 roadmap entries |
| Video overview | Colette McNally v. Sun Lakes Homeowners Association #1, Inc. |
| Study / briefing material | 2 sections |
| FAQ / homeowner questions | 3 questions |
| Curated download aliases | 3 download links |
Key Issues & Findings
After internal conflict on the board, Sun Lakes voted to bar one of its own elected directors from executive sessions. The excluded director sought injunctive relief, arguing the board had no authority to cut her out of board deliberations simply because other directors believed she had breached confidentiality or loyalty duties. The Court of Appeals agreed with her and reversed. The court treated board membership as carrying the right to participate in board meetings, including executive sessions, unless some legally valid removal or other recognized mechanism had been used. It would not let the rest of the board create an ad hoc punishment that effectively stripped an elected director of core board functions without following the governing legal framework.
The court focused on the nature of board office itself. A director is elected to participate in governing the corporation, and executive sessions are still board meetings, not separate private clubs for a board majority. Without a valid removal, suspension, or other recognized authority, the majority could not invent a partial-disqualification remedy.
The association argued that exclusion was justified by the director’s alleged misconduct and by the board’s need to protect confidential matters. The court was not persuaded that those concerns created authority where none existed. Governance has to follow the corporation’s legal structure and governing documents, not improvisation by fellow directors.
McNally is highly useful in HOA board-power disputes. It limits majority control tactics against dissident directors and reinforces that board process must track real authority, not political convenience.
For directors and members, the case supports the idea that elected office in an HOA carries enforceable participation rights unless the association follows the proper path to remove or discipline the director.
Case Participants
Petitioner Side
- Colette McNally (Plaintiff/Appellant)
Board member excluded from Sun Lakes HOA executive sessions. - Steven W. Cheifetz (Counsel)
Cheifetz Iannitelli Marcolini PC
Counsel for McNally on appeal. - Jacob A. Kubert (Counsel)
Cheifetz Iannitelli Marcolini PC
Counsel for McNally on appeal.
Respondent Side
- Sun Lakes Homeowners Association #1, Inc. (Defendant/Appellee)
Association party defending the executive-session ruling. - Robert Grasso Jr. (Counsel)
Grasso Law Firm PC
Counsel for Sun Lakes Homeowners Association. - Stephanie L. Samuelson (Counsel)
Grasso Law Firm PC
Co-counsel for Sun Lakes Homeowners Association.
Neutral Parties
- James T. Blomo (Judge)
Superior Court judge listed in the appeal. - Andrew W. Gould (Presiding Judge)
Authored the Court of Appeals opinion. - Peter B. Swann (Judge)
Joined the Court of Appeals opinion. - Patricia A. Orozco (Judge)
Joined the Court of Appeals opinion.
Why this case matters
McNally is one of the strongest Arizona HOA board-governance cases because it treats board service as a real office with enforceable participation rights. The board had confidentiality concerns, but the court held that excluding an elected director from every executive session prevented her from performing director duties.
The opinion does not say a director may disclose confidential information. It says the remedy for confidentiality concerns must come from lawful tools such as recusal in a particular conflict, judicial removal, or an injunction tailored to confidentiality, not a blanket board-created exclusion.
Video overview of the ruling
An AI-generated video overview of Colette McNally v. Sun Lakes Homeowners Association #1, Inc. (1 CA-CV 15-0744). HOA board lacked authority to exclude a duly elected director from executive sessions. This plain-language summary was generated from the court’s filings; the court’s own ruling controls.
Listen: audio deep dive on the ruling
An AI-generated audio deep dive walking through the court’s reasoning and disposition in Colette McNally v. Sun Lakes Homeowners Association #1, Inc.. Generated from the case filings; verify against the linked ruling below.
Homeowner study guide: director rights and executive sessions
| Homeowner or director question | Study-guide answer | Practical lesson |
|---|---|---|
| What topics may an Arizona planned-community board discuss in executive session? | A.R.S. 33-1804 allows closed discussion for limited subjects such as legal advice, pending or contemplated litigation, personal or financial information, employee matters, and member appeals. | Executive session is limited-purpose; it is not a general substitute for open board governance. |
| Can a board exclude an elected director from all executive sessions because it distrusts that director? | No. McNally held the board lacked statutory or bylaw authority to impose that blanket exclusion. | A board majority cannot use self-help to strip an elected director of core management participation rights. |
| Can a board create a committee of everyone except the targeted director? | Not as a workaround to eliminate the director’s management role. | Committee authority cannot be used to make the director-participation statutes meaningless. |
| What lawful remedies exist if a director may disclose confidential information? | The association can seek tailored injunctive relief, conflict-specific recusal, or judicial removal where statutory grounds exist. | The remedy has to match lawful authority; it cannot be an invented blanket ban. |
| Does McNally give directors permission to disclose confidential information? | No. The case addresses the board’s lack of authority for the exclusion, not a license to publish protected information. | Confidentiality duties and participation rights both matter. |
| Can a director be forced to sign a confidentiality oath as a condition of attending meetings? | McNally rejected conditioning participation on terms that effectively preserved the unauthorized exclusion. | Boards should use lawful, specific confidentiality tools rather than broad participation waivers. |
| What was the appellate outcome? | The Court of Appeals reversed the denial of preliminary injunctive relief and held the board had no authority to ban McNally from executive sessions. | The parties later settled after the appellate ruling. |
Briefing notes from the review packet
The conflict began after former employee Jeannie Martens sent an email alleging staff misconduct, and McNally later attempted to read it during an open board meeting.
On September 20, 2013, the board approved screening McNally out of executive sessions for the balance of her term.
The briefing materials state the board offered readmission only if McNally acknowledged wrongdoing and signed a confidentiality pledge.
The association framed the exclusion as a confidentiality and fiduciary-duty remedy, and argued it could operate as a special committee without McNally.
McNally argued the board majority had no statutory or bylaw authority to strip an elected director of management participation rights.
After the appellate reversal, the parties filed a notice of settlement in November 2016, and McNally withdrew her fee application.
Director-rights analysis from the briefing
| Legal point | Court’s treatment | Practical meaning |
|---|---|---|
| Director participation | A.R.S. 10-3801(B) requires directors to participate in managing the corporation. | A blanket executive-session exclusion interferes with core director duties. |
| Meeting notice | A.R.S. 10-3822(B) requires notice of meetings to directors. | A notice right is hollow if the board can invite a director but bar attendance. |
| Special committee theory | The court rejected use of A.R.S. 10-3825 to make the full board minus one director the functional decision-maker. | A committee statute cannot be used to nullify a director’s elected office. |
| Lawful alternatives | The opinion pointed to judicial removal, tailored injunctions, and conflict-specific recusal as available tools. | Boards need a real legal remedy, not self-help discipline. |
Litigation roadmap
Sun Lakes excluded McNally from executive sessions after confidentiality and loyalty disputes.
Filed by: Board and director
Creates the board-power conflict that drove the case.
Filed suit seeking declaratory and injunctive relief plus damages claims.
Filed by: McNally
Shows how the director framed the exclusion as unlawful board action.
Denied preliminary injunction after an evidentiary hearing.
Filed by: Superior Court
This was the order McNally appealed.
Reversed and directed further proceedings because the board lacked authority to exclude her.
Filed by: Court of Appeals
This is the controlling appellate result.
Complete uploaded source-document index
This index is generated from every public-facing source file currently present in assets/court_case_downloads/mcnally-v-sun-lakes-homeowners-association-1/raw/: 134 PDFs, 3 other source files. Files are ordered by the date/sequence embedded in the normalized filename; AI-generated review materials are labeled separately and should not be treated as court filings.
Appellants Motion To Expedite Appe
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Appellants Motion To File Opening B
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Case Management Statement
Type: Court/source PDF
Case-management filing; it tells the court how the parties propose to schedule and manage the case.
Notice Of Payment
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Courtesy Copy Plaintiffs Notice Of
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Index Of Record
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Verified Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Certificate On Compulsory Arbitra
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Civil Cover Sheet
Type: Court/source PDF
Court intake document classifying the case for filing and assignment purposes.
Summons
Type: Procedural/service filing
Service document used to notify a defendant or respondent that the case has been filed.
Certificate Of Service Of Process B
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Part 1 of 2 Verified Answer
Type: Responsive pleading
Responding party’s first substantive response to the complaint or petition.
Part 2 of 2 Verified Answer
Type: Responsive pleading
Responding party’s first substantive response to the complaint or petition.
Certificate Of Agreement Concerni
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Rule 38 Demand For Jury Trial
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Change Of Address
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Minute Entry 150 Day Minute Entry 12062014
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Minute Entry 100 Day Minute Entry 12102014
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Part 1 of 2 Statement Of Material Fac
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Part 2 of 2 Statement Of Material Fac
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Plaintiffs Motion For Summary Judg
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Stipulation Re Briefing On Plainti
Type: Briefing paper
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Order Re Briefing On Plaintiffs Mo
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Defendants Opposition To Plaintif
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Part 1 of 7 Defendants Response To Pl
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Part 2 of 7 Defendants Response To Pl
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Part 3 of 7 Defendants Response To Pl
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Part 4 of 7 Defendants Response To Pl
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Part 5 of 7 Defendants Response To Pl
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Part 6 of 7 Defendants Response To Pl
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Part 7 of 7 Defendants Response To Pl
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Plaintiffs Reply In Support Of Moti
Type: Briefing paper
Reply paper; usually the final written response before the court takes the issue under advisement.
Minute Entry Ruling 02232015
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Plaintiffs Motion For Reconsidera
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Minute Entry Order Entered By Court 03202015
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Stipulation And Joint Motion To Ext
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Minute Entry Case On Inactive Calendar 040420
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Proposed Order To Extend 150 Day Ord
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Part 1 of 2 Plaintiffs Application F
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Part 2 of 2 Plaintiffs Application F
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Part 1 of 2 Request For Rule 16 Schedu
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Part 2 of 2 Request For Rule 16 Schedu
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Joint Report
Type: Court/source PDF
Case-management filing; it tells the court how the parties propose to schedule and manage the case.
Notice Of Lodging Of Plaintiffs Pro
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Part 1 of 2 Plaintiffs Response To De
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Part 2 of 2 Plaintiffs Response To De
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Minute Entry Status Conference Set 05112015
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Defendants Response To Plaintiffs
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Minute Entry Hearing Set 05122015
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Stipulation For Entry Of Protectiv
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Stipulated Protective Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Defendants Request For Court Repor
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Minute Entry Status Conference Set 08052015
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Part 1 of 4 Joint Hearing Statement
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Part 2 of 4 Joint Hearing Statement
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Part 3 of 4 Joint Hearing Statement
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Part 4 of 4 Joint Hearing Statement
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Original Deposition Of Colette Mcn
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Trial Hearing Worksheet
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Exhibit Worksheet Hd 08122015
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry Status Conference 08102015
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry Hearing 08122015
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry Settlement Conference Set 08172
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Settlement Conference
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Supplemental Joint Report Propose
Type: Court/source PDF
Case-management filing; it tells the court how the parties propose to schedule and manage the case.
Scheduling Order
Type: Court order/minute entry
Sets or changes case deadlines, hearing dates, disclosure dates, or other procedural milestones.
Notice Of Lodging Proposed Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Proposed Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Court Of Appeals Order Declining Sp
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Appellants Notice Of Transcript Or
Type: Procedural/service filing
Adds hearing transcript material to the record for later review or appeal.
Defendantappellees Designation O
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Plaintiffappellants Response To M
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Minute Entry Order Entered By Court 11182015
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Defendantappellee Sun Lakes Homeo
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Notice Of Filing Certified Transcr
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Reporters Transcript 08122015 Je
Type: Court/source PDF
Adds hearing transcript material to the record for later review or appeal.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Order Re Motion To File Under Seal
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Order Re Motion To Expedite Appeal
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Appellants Request For Oral Argume
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Defendantappellees Answering Bri
Type: Responsive pleading
Responding party’s first substantive response to the complaint or petition.
Defendantappellees Certificate O
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Defendantappellees Certificate O
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Appellants Reply Brief
Type: Briefing paper
Reply paper; usually the final written response before the court takes the issue under advisement.
Certificate Of Compliance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Appellants Motion To Accelerate Ap
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Div 1 Memorandum Requesting Additi
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Court Of Appeals Receipt
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Electronic Index Of Record
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Of Appeals Letter Of Transmit
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Court Of Appeals Order Declining Sp
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Court Of Appeals Memorandum
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Defendantappellee Sun Lakes Homeo
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Appellants Reply In Support Of Moti
Type: Briefing paper
Reply paper; usually the final written response before the court takes the issue under advisement.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Order Re Motion To Accelerate Appea
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Notice Of Withdrawal Of Attorney As
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Order Re Oral Argument
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Notice Of Oral Argument Request For
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Receipt For Notice Of Oral Argument
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Receipt For Notice Of Oral Argument
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Notice Of Appearance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Sign-in Sheetcase Is Under Adviseme
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Enotification Of Opinion
Type: Court notice/document
Court notice or document from the appellate upload; read it with the surrounding docket filings.
Enotification Of Opinion
Type: Court notice/document
Court notice or document from the appellate upload; read it with the surrounding docket filings.
Opinion
Type: Decision or judgment
Opinion holding that the HOA board lacked authority to exclude a duly elected director from executive sessions and reversed the denial of injunctive relief.
Appellants Application For Award O
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Affidavit Of Steven Wcheifetz In Su
Type: Procedural/service filing
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion For Extension Of Time To Resp
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Appellants Amended Application Fo
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Asc Order Filed 11032016 Re Extendi
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Notice Of Filing Amended Applicati
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Order Re Motion For Extension Of Tim
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
Certificate Of Service 2
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Amended Affidavit Of Steven Wcheif
Type: Procedural/service filing
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Notice Of Settlement
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Notice Of Withdrawal Of Applicatio
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Stipulation To Dismiss With Prejud
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Div 1 Civil Termination Transmitta
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Order Dismissing Appeal
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Asc Order Filed 01032017 Re Dismiss
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Legal Case Source Document Inventory And Legal Significance Table 1
Type: Source roadmap CSV
Upload/source spreadsheet that helps cross-check filing order, source names, or AI review notes.
For homeowners and directors
- Use McNally when a board majority tries to silence or sideline an elected director without following removal procedures.
- Separate confidentiality rules from participation rights. A director may have duties, but the board needs authority for the remedy it chooses.
- Preserve meeting notices, executive-session exclusions, board minutes, and any conditions imposed on re-entry.
For boards and managers
- Do not use a blanket executive-session ban as informal discipline against a director.
- Use conflict-specific recusals, confidentiality orders, bylaws, or judicial remedies where legally supported.
- Document the legal authority for any limit placed on a director before voting on it.
FAQ
Did McNally say directors can ignore confidentiality?
No. The opinion acknowledged confidentiality concerns but held the board lacked authority for a blanket exclusion from executive sessions.
Can a director ever be recused?
Yes. The opinion distinguished conflict-specific recusal from a blanket exclusion from all executive sessions.
Why is this case useful?
It gives directors and members a concrete Arizona authority for the idea that elected board service includes participation in board deliberations unless a lawful removal or restriction process is used.