Condo Board Restrctions
Dennis,
In ARS 33-1243 is contained the following: (parapharsed)
Board of directors’ powers and limitations
General powers: The board can act on behalf of the association in most situations, except for those explicitly restricted by law, the declaration, or the bylaws.
Specific limitations: The board is specifically prohibited from actions such as:
Amending the declaration
Terminating the condominium
Electing the board of directors
Determining the qualifications, powers, duties, or terms of office of its members
And yet I hear and see comments about Condo communities where the BOD are trying to change CC&R’s. This statute is very clear and seems to address that issue head on.
Any thought regarding this area?
Thanks,
Bob
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Robert,
The board can modify the CC&Rs, but it cannot do so unilaterally without the prior approval of the owners. They propose the changes and put them out for a vote. If the required number of owners approve the changes, the board can record the amendment, and it becomes effective for all parties. Some amendments require the unanimous consent of the members, and a single dissenting vote kills the proposal.
Dennis