Question:
Is it legal for a HOABOD to attempt to amend the CC&R’s by asking for written consent ( which only allows the homeowners to vote yes) rather than putting the proposed changes forward as a yes or no vote which requires 2/3 of the homeowners?
They have failed to advise homeowners that a response is an automatic yes vote. It has only come to the attention of a few homeowners when they attempted to vote.
I would appreciate a response as soon as possible as the voting window closes on 2/14/25.
Thanking you in advance.
– Ardie
Answer:
Hi Ardie,
In Arizona, homeowner associations are governed by their governing documents, including the Covenants, Conditions, and Restrictions (CC&Rs), as well as state laws like the Arizona Planned Communities Act. Generally, any amendment to the CC&Rs requires a specific process, which typically includes obtaining approval from a specified percentage of homeowners (commonly two-thirds). Using written consent as a method to amend the CC&Rs may be permissible under Arizona law if the HOA’s governing documents specifically allow it, but there are important legal and ethical considerations.
If the HOA Board of Directors (BOD) is soliciting written consent without providing homeowners with clear information about the implications of their response or failing to explain that a lack of response may count as approval, this approach may be problematic. Homeowners should be fully informed of their rights and the consequences of their actions (or inaction) in the amendment process. If the CC&Rs stipulate a process that includes a yes-or-no vote with specific quorum requirements, bypassing that process with one-sided written consent might violate those terms.
The Arizona Revised Statutes Section 33-1817 also addresses declaration amendments and may provide guidance to you.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
