This HOA law update summarizes five new laws that affect owners and residents in Arizona HOA-governed communities, effective November 2023.
By Deborah Goonan, Independent American Communities deborahgoonan@gmail.com
Update to state law allows automatic removal of HOA board for failing to hold a special recall meeting
HB-2607, Chapter 111
The intent of this updated law is to prevent the HOA from holding a special meeting, which often occurs when the HOA wants to avoid a contentious recall of one of more members of its governing board.
Let’s face it. It’s not easy for members of a community to organize a recall of board members. The process requires owners to gather the required number of signatures to petition the board for a special meeting.
And it’s extremely frustrating when the HOA board simply dismisses the owners’ demand for the purposes of a recall. The community cannot move forward unless they have a way to force change.
In practice, the only way to force a recall is for members to lawyer up and sue their HOA board. That approach is very expensive and time-consuming. Owners needed a better way to exercise their rights to recall and appoint new board members.
That’s the purpose of new provisions in state law affecting HOAs in planned communities and condominiums. When the law becomes effective later this year, if the HOA board fails to schedule, notice and hold a special meeting within 30 days of receiving the members’ petition, then the entire HOA board is automatically recalled on day 31, without a vote!
Hopefully, this will help owners to avoid the stalemate that occurs when stubborn HOA board members remain in place, against of the will of members.
Read HB-2607 here.
New legislation says HOA can no longer enforce traffic, parking restrictions on public roads — unless members vote to opt in
HB-2298, Chapter 84.
This bill applies to planned communities with municipal or county-owned streets.
In recent years, IAC has seen countless reports of ho …
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