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33-1813 Question

I am an HOA member in AZ, and I’m interested in putting forth an effort to vote to remove a board member. I’ve read through 33-1813 about the voting requirements, but in practice how is this typically organized? Do I reach out to the management company to organize a vote during the next board meeting? Does the vote occur during a regular meeting or is it a special meeting and then how would I contact all other members inviting them to the vote. I imagine that the management company would run a smoke screen for the existing board members (self preservation).

5 Responses

  1. dennisl

    Rob,

    The process starts with a petition signed by 25% of the homeowners in your community. This takes a group effort by like minded individuals and friends. Get your core group organized, and go door to door or call for an informational meeting at any community meeting room. The management company does not work for the community it works for the board and will do absolutely nothing to help in your effort. This is why my bill HB2052 is so vital to this type of effort. It prevents the association from restricting your ability to post signs or to organize meeting or hold those meeting for that type of effort. The association will never provide you the contact information for all the homeowners unless each individual homeowner has given permission to make that information public.
    Once you have your signatures (get more than the minimum 25%) present that to the board. The board must then call for a special meeting of the members to be held within 30 days of the receipt of the petition, to vote to remove the individual board member cited in the petition. The board would be required to notify every member of the community of the special meeting and the subject of that meeting. A simple majority of the homeowners voting at that meeting in person and by absentee ballot decides the outcome. An important thing to remember is that if you are removing only one board member the board not members get to decide who will fill that vacancy for the rest of that unexpired term.
    Dennis

  2. Rob Rogers

    Thank you for the quick and thorough reply. The 25% threshold is quite low in my case, given the size of the community, that’s literally just a handful of votes. Some of units are renter occupied. Do you know if AZ requires HOA to provide the name and address of all members upon request? I could just write some letters and organize a vote.

  3. dennisl

    Rob,

    Please remember that renters don’t count unless the owner has given the renter permission to act in his stead in writing to the association. Only actual home owners are members of the association. Contact information is generally considered confidential and most associations don’t provide that information unless permission is granted by each homeowner. Unless you have contact information these petitions are seldom successful without door to door leg work. Again why HB-2052 is so important.

    Dennis

  4. dennisl

    Me Me,

    While this is true many people do not get snail mail sent to their home address they use a PO Box. To actually get a mailing to these homeowners would require you to know that mailing address and not just their physical address.

    Dennis

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