AZ requirement to trigger a board recall vote
I have appealed my fine for street parking (July 2024) and had an attorney send a demand letter (Dec 2024) and the HOA does nothing; No decision on appeal; No reply on demand letter. My next step is mediation. In the meantime, I am wondering how to proceed with a HOA Board recall vote. I have searched my CC&Rs with no luck. What is required in AZ to trigger an HOA Board recall vote? I suspect I need to collect signatures from the community. How many? Is there a form that needs to be used for the signatures? Happy New Year!
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Beau,
By existing law, the association cannot impose a fine until you are given an opportunity to be heard in an appeal. if filed within 21 days from the notice of violation. The choice is also yours as to whether that appeal is heard in open or closed session of the board. I always recommend to any homeowner to use the open session if at all possible. You are not required to go thru mediation and the association is also required by law to inform you that you have the option to petition the ADRE and have an administrative law judge rule on the issue.
As for board recall, the process is simple but very difficult. The number of signatures required depends on the size of your community. 25% or 100 if your community has less than 1000 homes or 10% if your association has more than 1000 homes. I’m assuming that you are a planned community, so the relevant statute is ARS 33-1813. You can never do this alone and need a small team of homeowners working together to get this done. Getting the signatures is actually the easy part. Circulate a petition to for a special meeting of the members for the purpose of recalling whatever board members you want by name. Less is more, and no details of why should be identified on the signature form. You need the printed name, address, date and time and signature of the authorized voter for each home. One signature per home. Once you have the signatures (always provide more than necessary), the association has 30 days from the date you offer them the signatures. The quorum for the special meeting is 20%, and a simple majority of votes cast decide the issue for each individual board member. You only get one chance per term for a recall vote. So, getting the vote out is the hardest part of this process. You can be assured that the association will do everything in their power to slander and discredit you and your team to turn the community against you. You must be prepared to counter their lies through face-to-face communication with the community members.
Reach out to me via email before you embark on the signature campaign.
Dennis
Dennis,
I sent you an email @azhoatruth@gmail.com on Dec 31, 2024. It may have gone into junk mail or spam. I look forward to your reply.
Beau
Sorry Beau, I never received your email. my address is azhoatruth@gmail.com.
Dennis