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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.

10 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. 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

  2. Edward L Bliven

    I have been trying to resolve unreasonable, inequitable fines against our property located in Laveen Ranch with the current manager, Uri Garcia, to no avail. Fines are for documented photos for properties which are NOT our home. I have only asked refund of fines paid since we purchased in 2007. I have appealed each time but “the board” has voted against me each time. I have not received any correspondence regarding the actual vote at any time, specifying “fors” and “against”. Only the form letter declining my petition. Do you recommend involving a real estate attorney to resolve or should I continue with the current obvious fruitless attempts? Pursuant to Arizona Statute I understand that I can request a public hearing to resolve, is that a best starting point? At our age(we are over 70 years of age) do we have further protections? We are on Social Security and my wife is on oxygen supplementing machines 24 hours a day. The pain and suffering is taking it’s toll on both of our health. Our issues deal with landscaping issues. Uri has not accepted my repeated invitations to walk our community to resolve but she is only the latest of the countless managers at Laveen Ranch since our purchase. Perhaps the problem goes higher up the food chain? Thanks for your help. Sincerely Edward L Bliven

    1. dennisl

      Edward,
      The management company most probably never brings the issue before the board. The law requires that you have the opportunity to contest any violation notice directly to the board in open session of the board and also requires that the management company inform you of that right with every violation notice. There is a clear due process required as well but most management companies simply ignore the law because they can. You also have the right to contest any violation directly to the Arizona Dept. of Real Estate which once again the management company is required by law to inform you of that right with every violation notice. Until they follow the due process and the notification requirements they have no right to fine any homeowner for any alleged violation. Write the management company and demand to get an opportunity to contest all your violation directly to the board in open session of the board. Bring all your friends and neighbors to that board meeting and bring the pictures provided with the violation notice and the similar pictures of your actual property to show the board that the pictures are not your property. Demand that all fines be refunded or waived and the the management company be dismissed for total incompetence and harassment. If the board rejects you appeal take your case to the ADRE and an administrative law judge for decisions. This will cost you $500 but it is refundable if you prevail.

      Dennis

  3. S

    What are the statutory rules for the “ required” votes to amend CCRs. Ex. 400 residents.
    Is a simple majority required? Or 67% as inferred elsewhere? How does responsiveness of residents weigh in. Example. 400 residents. Only 100 respond. Is the simple majority or 67% required determined by response or participation. 51 or 67 or is denominator constant being total residents.

    1. dennisl

      There are statutory requirements on this It is totally defined by your governing documents.In all cases it is based on a super majority of all eligible votes in the community. Not on who attends a meeting or participates in the ballot initiative. There is a provision in ther condominium statutes that discusses 67% but for the most part it is defined in your CC&R. Renters are never allowed to vote unless the member or unit owner allows in writing for the tenant to vote as his representative.
      Dennis

      1. S

        Thank you. Not a condo association. This is a development. CCRs but no HOA. To change CCRs. Is it 67% or 50% needed. CCRs do not state so trying to determine if a municipal code determines. Ex. Let’s say 400 residents. Only 100 total even vote. CCR change was recorded with County. Only 25% of owners voted but 55% of the 25% of owners that voted we in favor of change. Seems odd that 50 yea votes would enact change for 400 owners. Is the denominator total owners to total responses

        1. dennisl

          If you have CC&R you are a planned community otherwise know as an HOA. To change the CC&R when no approval requirement is stated for amendment you will need 67% of the entire membership to approve such a change. In this case the Arizona law for condos would also apply to HOA. This is common law for the nation.
          To challenge what the association has done you have to take them to court..
          Do not attempt this without carefully reading your CC&R and getting an attorney.

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