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HOA president term

Looking for info. We have an HOA president that’s been in the position 7 years. I found info that if there isn’t any defined time period in the CC&Rs then his term can only be one year in Arizona. Where would I find the supporting state information saying that.

1 Response

  1. DennisL

    Skootjaki,

    I’m not aware of any state statute directly related to HOA’s that stipulate such a condition. You will find the term of office in the bylaws for your community not the CC&R’s and I’ve never seen a set of bylaws that do not define the term of office of the board members. There are non-profit corporation statutes that do assume a one year term of office if the bylaws omit any specific term. That is a safe backstop requirement for any board position.
    Because your individual board member has been in office for seven years is not directly based on term of office it could be that the individual was re-elected every time his term expired. There are no term limits in statute for corporation of HOA board members. For example, a board member may have a term of two years, but be able to be re-elected to that position an unlimited number of terms. I do not support placing limits on the number of terms of HOA directors. If a director is doing a good job for the community, then you should be free to re-elect that person as long as he/she wants to run. If a director is not doing a good job, then vote him/her off the board and replace them with somebody else. Your greatest power in your community is your right to vote, use it and don’t expect state statutes to solve your problems in your communities for you.

    Dennis

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