ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2095: homeowners' associations; declaration amendment; vote

S/E: same subject

Sponsor: Representative Kupper, LD 25

Committee on Commerce

Summary of the Strike Everything Amendment to HB 2095

Overview

Prescribes necessary voting requirements to amend an association's declaration for nonbranded and branded communities.

History

Current statute outlines how a declaration may be amended for condominium association or planned community association. The declaration, including the plat, of a condominium association may be amended only by a vote of the unit owners to which at least 67% of the votes in the association are allocated, or any larger majority that the declaration specifies. The declaration is allowed to specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use (A.R.S. § 33-1227).

For an amendment to the declaration of a planned community association, the amendment may be made by the association or the owners of the property that is subject to the declaration, by an affirmative vote or written consent of the number of owners or eligible voters specified in the declaration. This includes the assent of any individuals or entities that are specified in the declaration (A.R.S. § 33-1817).

Provisions

1. Prescribes the voting requirements to amend a homeowners associations' declaration for nonbranded communities or branded communities based on whether the proposed amendment would remove or reduce one or more restrictions or would add or increase the restrictions. (Sec. 1, 2)

2. Defines unbranded community and branded community in the context of a condominium and planned community. (Sec. 1, 2)

3. Makes technical and conforming changes. (Sec. 1, 2)

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7. HB 2095

8. Initials PB Page 0 Commerce

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