The HOA that I am a member of is seeking approval of a special assessment and wrote the following in an email to all owners.
“Q: How is a special assessment approved?
A: The community will be sent notice of the proposed amount per unit, along with supporting documentation. A meeting will be called for voting on the special assessment. In order to pass the special assessment, CV’s rules require that it be approved by a “majority vote of the members at the meeting” ( in-person voting, no absentee ballots).”
The last part prohibiting absentee ballots is unusual since A.R.S. 33-1250(C) states “The association shall provide for votes to be cast in person and by absentee ballot and, in addition, the association may provide for voting by some other form of delivery, including the use of e-mail and fax delivery.”
It seems odd/unusual that the Board would suggest having this only be an in person vote and no absentee ballot. Does A.R.S. 33-1250(C) apply only to regular and annual meetings vs special meetings, or does it apply to all meetings where there is a vote of the membership?
If the Board conducts this vote for/against a special assessment via a special meeting where only in person voting is allowed, would a homeowner be able to successfully challenge the results of this election with a complaint to the Arizona Department of Real Estate?