AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

CC&R question

First off I want to thank all those that run this site and have answered my previous questions. I have several questioon all related to the same issue. I will try to make short as I do not want to take advatage here. We are a small community with 36 owners. We are trying to update our CC&R’s to bring them up to compliance. I have been using all your resources and tools you suggest and am following the 2020 Arizona revised statutes Title 33 chapter 19. They are over 35 yrs old. We are trying to do all the initial changes, updates and corrections ourselves before being reviewed to limit our expenses. So my questions are as follows and I try to address our main concerns.

1. We can impose lesser rules as long as they don’t conflct with the statute IE we have that we can up our
assessment by 15% and I read it can be 20%

2. Our bylaws state that the HOA board can remove and member with cause with a majority board vote. (
which we are looking to do) I read that a petition has to be filed with the board to do so and 25% of qualified
voters must sign it.

3. Our bylaws state in order for a non board member to talk at a board meeting they have to notify us in
advance and approved and than put on agenda to do so.

4. Lastly, our we allowed to have a raise of hands vote at our annual meeting if item was on agenda to be voted on. And if yes we need a quarum of all elgible votes or just the majority of those present.

I appriciate any answers and advise to these issues. Also any other advise you have for us to update our CC&R’s and bylaws. As a homeowner I want to make sure we follow the laws and don’t rule with an iron fist and as a board member want to make sure we are current with the laws and statutes so we have a leg to stand on.

Thank you once again for all your assistance.


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