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Can homeowners petition to change CCRs

In Arizona can the homeowners create a petition to get majority vote to amend CC&Rs? If the homeowners can take this upon themselves, does it have to go to the board for their approval if the required number of homeowners approve the amendment?

Or, does this type of petition and amendment have to originate with the HOA board?

Our board is refusing to entertain an amendment to allow removing grass and replacing with rockscaping.

Thank you so much.

4 Responses

  1. dennisl

    Carlavala,

    Arizona law allows amendments to the CC&R’s to be processed by ballot initiative or written consent. Written consent is a provision of corporate law that describes essentially a petition. You would have to draft the exact language of what you want changed in the CC&R’s, then organize a door to door petition and get the required amount of signatures specified in the CC&R’s. The signatures must be from the owners of the property and not renters or other occupants. An important note is that the association has the right to remove voting rights for people who are not current in their assessments and in some cases have outstanding violations. Those signatures can and will be excluded in establishing the required approval percentages. Once you have the required valid signatures you do not need to go to every door in the community. You then present that amendment to the board to process and record. The board has no voice in the matter.

    This clearly is not an easy task but it is achievable.

    Dennis

    1. CarlaVala

      Oh my goodness thank you so much for your response and so quickly!

      Am I allowed to invite neighbors into my home to discuss this issue?

      1. dennisl

        CarlaVala,
        Your home is your home and you can invite anyone to your home to discuss anything that you want. The association has absolutely no right to restrict your ability to engage in organizing your community to take action. Having said that, does not stop many associations and community manager from attempting to degrade and discredit anyone that opposes their positions and label them as trouble makers or worse. You cannot believe what has actually happened in associations in this state already including having their attorneys try and threaten and intimidate homeowners. That is why I tried to get legislation passed over the last two sessions that would make such activity by the association to infringe on your free speech and freedom to assemble illegal. Unfortunately the HOA industry only needed to buy one legislator to stop this bill from being considered for a vote in the Senate. And that is exactly what happened.

        Dennis

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