Arizona Fifty-fifth Legislature - Second Regular Session Status: In Committee 3 R cosponsors

HB 2700 — condominiums; planned communities; amendments

Last action — House Second Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

185 added · 342 removed

Plain-language change summary

The recent amendments to HB 2700 streamline the process for making changes to condominium declarations and bylaws. Specifically, while a two-thirds majority vote of unit owners is generally required for most amendments, changes related to parking restrictions and external aesthetic decisions now only need a simple majority (50%). This greater accessibility can empower more residents to influence decisions about their living environment, potentially leading to quicker adaptations and improvements in their communities.

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REFERENCE TITLE:
Fifty-fifth Legislature Commerce Second Regular Session H.B.
condominiums;
2700 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
planned communities;
2700 (Reference to printed bill) Strike everything after the enacting clause and insert:
amendments State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HB 2700 Introduced by Representatives Carter:
"Section 1.
Biasiucci, Burges, Cobb, Fillmore, Wilmeth AN ACT AMENDING SECTIONS 33-1227, 33-1243 AND 33-1817, ARIZONA REVISED STATUTES;
RELATING TO CONDOMINIUMS AND PLANNED COMMUNITIES.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - HB 2700 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Amendment of declaration, bylaws A.
Amendment of declaration A.
Except in cases of amendments that may be executed by a declarant under section 33-1220, by the association under section 33-1206 or section 33-1216, subsection D, or by certain unit owners under section 33-1218, subsection B, section 33-1222, section 33-1223 or section 33-1228, subsection B, and except to the extent permitted ALLOWED or required by other provisions of this chapter, NOTWITHSTANDING ANY PROVISION IN THE CONDOMINIUM DOCUMENTS, the declaration, including the plat, AND THE BYLAWS may be amended only by a vote of the unit owners to which at least sixty-seven per cent MORE THAN FIFTY PERCENT of the votes in the association are allocated, or any larger majority the declaration specifies EXCEPT AS FOLLOWS:
Except in cases of amendments that may be executed by a declarant under section 33-1220, by the association under section 33-1206 or section 33-1216, subsection D, or by certain unit owners under section 33-1218, subsection B, section 33-1222, section 33-1223 or section 33-1228, subsection B, and except to the extent permitted ALLOWED or required by other provisions of this chapter, NOTWITHSTANDING ANY PROVISION IN THE CONDOMINIUM DOCUMENTS, the declaration, including the plat, AND THE BYLAWS may be amended only by a vote of the unit owners to which at least sixty-seven per cent PERCENT of the votes in the association are allocated, or any larger majority SMALLER PERCENTAGE the declaration specifies, EXCEPT AS FOLLOWS:
AN AMENDMENT THAT CHANGES AN AGE RESTRICTION FOR THE CONDOMINIUM REQUIRES THE APPROVAL OF AT LEAST SIXTY-SEVEN PERCENT OF THE UNIT OWNERS.
AN AMENDMENT THAT CHANGES PARKING RESTRICTIONS FOR THE CONDOMINIUM REQUIRES THE APPROVAL OF AT LEAST FIFTY PERCENT OF THE UNIT OWNERS.
AN AMENDMENT THAT CHANGES PROVISIONS RELATING TO RENTING A PROPERTY FOR PERIODS OF LESS THAN THIRTY CONSECUTIVE DAYS REQUIRES THE APPROVAL OF AT LEAST SIXTY-SEVEN PERCENT OF THE UNIT OWNERS.
AN AMENDMENT THAT CHANGES PROVISIONS RELATING TO EXTERNAL AESTHETIC CHANGES, SUCH AS AN APPROVED PAINT COLOR PALETTE, REQUIRES THE APPROVAL OF AT LEAST FIFTY PERCENT OF THE UNIT OWNERS.
AN AMENDMENT OTHER THAN AN AMENDMENT PRESCRIBED IN PARAGRAPH 1 OR 2 OF THIS SUBSECTION ALSO MAY BE APPROVED BY A UNANIMOUS VOTE OF THE BOARD OF DIRECTORS.
AN AMENDMENT THAT MAKES AN ADMINISTRATIVE CHANGE TO THE ORGANIZATIONAL OR OPERATIONAL PROVISIONS FOR THE CONDOMINIUM REQUIRES THE APPROVAL OF AT LEAST FIFTY PERCENT OF THE UNIT OWNERS.
The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use TO APPROVE AMENDMENTS TO THE DECLARATION AND BYLAWS.
The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.
The declaration may also provide that the consent of the declarant is required to an amendment during any period of declarant control pursuant to section 33-1243.
The House Amendments to H.B.
2700 declaration may also provide that the consent of the declarant is required to an amendment during any period of declarant control pursuant to section 33-1243.
- 1 - HB 2700 E.
E.
Section 33-1243, Arizona Revised Statutes, is amended to read:
33-1243.
Board of directors and officers;
conflict;
powers;
limitations;
removal;
annual audit;
applicability A.
Except as provided in the declaration, the bylaws, subsection B of this section or other provisions of this chapter, the board of directors may act in all instances on behalf of the association.
B.
The board of directors shall not act on behalf of the association to amend the declaration, terminate the condominium, elect members of the board of directors or determine the qualifications, powers and duties or terms of office of board of directors members.
Except as provided in subsection H of this section, the board of directors may fill vacancies in its membership for the unexpired portion of any term.
C.
If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the board of directors or a parent or spouse of any of those persons, that member of the board of directors shall declare a conflict of interest for that issue.
The member shall declare the conflict in an open meeting of the board before the board discusses or takes action on that issue and that member may then vote on that issue.
Any contract entered into in violation of this subsection is void and unenforceable.
D.
Except as provided in the declaration, within thirty days after adoption of any proposed budget for the condominium, the board of directors shall provide a summary of the budget to all the unit owners.
Unless the board of directors is expressly authorized in the declaration to adopt and amend budgets from time to time, any budget or amendment shall be ratified by the unit owners in accordance with the procedures set forth in this subsection.
If ratification is required, the board of directors shall set a date for a meeting of the unit owners to consider ratification of the budget not fewer than fourteen nor OR more than thirty days after mailing of the summary.
Unless at that meeting a majority of all the unit owners or any larger vote specified in the declaration rejects the budget, the budget is ratified, whether or not a quorum is present.
If the proposed budget is rejected, the periodic budget last - 2 - HB 2700 ratified by the unit owners shall be continued until such time as the unit owners ratify a subsequent budget proposed by the board of directors.
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E.
The declaration may provide for a period of declarant control of the association, during which period a declarant or persons designated by the declarant may appoint and remove the officers and members of the board of directors.
Regardless of the period provided in the declaration, a period of declarant control terminates no NOT later than the earlier of:
1.
Ninety days after conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant.
2.
Four years after all declarants have ceased to offer units for sale in the ordinary course of business.
F.
A declarant may voluntarily surrender the right to appoint and remove officers and members of the board of directors before termination of the period prescribed in subsection E of this section, but in that event the declarant may require, for the duration of the period of declarant control, that specified actions of the association or board of directors, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.
G.
Not later than the termination of any period of declarant control the unit owners shall elect a board of directors of at least three members, at least a majority of whom must be unit owners.
The board of directors shall elect the officers.
The board members and officers shall take office on election.
H.
Notwithstanding any provision of the declaration or bylaws to the contrary, all of the following apply to a meeting at which a member of the board of directors, other than a member appointed by the declarant, is proposed to be removed from the board of directors:
1.
The unit owners who are eligible to vote at the time of the meeting may remove any member of the board of directors, other than a member appointed by the declarant, by a majority vote of those voting on the matter at a meeting of the unit owners.
2.
The meeting of the unit owners shall be called pursuant to this section and action may be taken only if a quorum is present.
3.
The unit owners may remove any member of the board of directors with or without cause, other than a member appointed by the declarant.
4.
For purposes of calling for removal of a member of the board of directors, other than a member appointed by the declarant, the following apply:
(a) In an association with one thousand or fewer members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are eligible to vote in the association at the time the person signs the petition equal to at least twenty-five percent of the votes in the association or by the number of persons who are eligible to vote in the association at the time - 3 - HB 2700 the person signs the petition equal to at least one hundred votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association as prescribed by section 33-1248, subsection B.
(b) Notwithstanding section 33-1248, subsection B, in an association with more than one thousand members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are eligible to vote in the association at the time the person signs the petition equal to at least ten percent of the votes in the association or by the number of persons who are eligible to vote in the association at the time the person signs the petition equal to at least one thousand votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association.
The board shall provide written notice of a special meeting as prescribed by section 33-1248, subsection B.
(c) The special meeting shall be called, noticed and held within thirty days after receipt of the petition.
(d) For purposes of a special meeting called pursuant to this subsection, a quorum is present if the number of owners who are eligible to vote in the association at the time the person attends the meeting equal to at least twenty percent of the votes of the association or the number of persons who are eligible to vote in the association at the time the person attends the meeting equal to at least one thousand votes, whichever is less, is present at the meeting in person or as otherwise permitted ALLOWED by law.
(e) If a civil action is filed regarding the removal of a board member, the prevailing party in the civil action shall be awarded its reasonable attorney fees and costs.
(f) The board of directors shall retain all documents and other records relating to the proposed removal of the member of the board of directors and any election or other action taken for that director's replacement for at least one year after the date of the special meeting and shall permit ALLOW members to inspect those documents and records pursuant to section 33-1258.
(g) A petition that calls for the removal of the same member of the board of directors shall not be submitted more than once during each term of office for that member.
5.
On removal of at least one but fewer than a majority of the members of the board of directors at a special meeting of the membership called pursuant to this subsection, the vacancies shall be filled as provided in the condominium documents.
6.
On removal of a majority of the members of the board of directors at a special meeting of the membership called pursuant to this - 4 - HB 2700 subsection, or if the condominium documents do not provide a method for filling board vacancies, the association shall hold an election for the replacement of the removed directors at a separate meeting of the members of the association that is held not later than thirty days after the meeting at which the members of the board of directors were removed.
7.
A member of the board of directors who is removed pursuant to this subsection is not eligible to serve on the board of directors again until after the expiration of the removed board member's term of office, unless the condominium documents specifically provide for a longer period of ineligibility.
I.
For an association in which board members are elected from separately designated voting districts, a member of the board of directors, other than a member appointed by the declarant, may be removed only by a vote of the members from that voting district, and only the members from that voting district are eligible to vote on the matter or be counted for purposes of determining a quorum.
J.
Unless any provision in the condominium documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association.
The audit, review or compilation shall be completed no later than one hundred eighty days after the end of the association's fiscal year and shall be made available on request to the unit owners within thirty days after its completion.
K.
This section does not apply to timeshare plans or associations, or the period of declarant control under timeshare instruments, that are subject to chapter 20 of this title.
Sec.
3.
Declaration, bylaws amendment;
Declaration amendment;
Except during the period of declarant control, or if during the period of declarant control with the written consent of the declarant in each instance, AND NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS, the following apply to an amendment to a declaration OR THE BYLAWS:
Except during the period of declarant control, or if during the period of declarant control with the written consent of the declarant in each instance, AND NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY -2- House Amendments to H.B.
2700 DOCUMENTS, the following apply to an amendment to a declaration OR THE BYLAWS:
The declaration OR BYLAWS may be amended by the association, if any, or, if there is no association or board, the owners of the property that is subject to the declaration, by an affirmative vote or written consent of A MAJORITY OF the number of owners or eligible voters specified in the declaration, including the assent of any individuals or entities that are specified in the declaration, EXCEPT AS FOLLOWS:
The declaration OR BYLAWS may be amended by the association, if any, or, if there is no association or board, the owners of the property that is subject to the declaration, by an affirmative vote or written consent of SIXTY-SEVEN PERCENT OF the number of owners or eligible voters specified in the declaration, OR ANY SMALLER PERCENTAGE THE DECLARATION SPECIFIES, including the assent of any individuals or entities that are specified in the declaration, EXCEPT AS FOLLOWS:
(a) AN AMENDMENT THAT CHANGES AN AGE RESTRICTION FOR THE PLANNED COMMUNITY REQUIRES THE APPROVAL OF AT LEAST SIXTY-SEVEN PERCENT OF THE MEMBERS.
(a) AN AMENDMENT THAT CHANGES PARKING RESTRICTIONS FOR THE PLANNED COMMUNITY REQUIRES THE APPROVAL OF AT LEAST FIFTY PERCENT OF THE MEMBERS.
- 5 - HB 2700 (b) AN AMENDMENT THAT CHANGES PROVISIONS RELATING TO RENTING A PROPERTY FOR PERIODS OF LESS THAN THIRTY CONSECUTIVE DAYS REQUIRES THE APPROVAL OF AT LEAST SIXTY-SEVEN PERCENT OF THE MEMBERS.
(b) AN AMENDMENT THAT CHANGES PROVISIONS RELATING TO EXTERNAL AESTHETIC CHANGES, SUCH AS AN APPROVED PAINT COLOR PALETTE, REQUIRES THE APPROVAL OF AT LEAST FIFTY PERCENT OF THE MEMBERS.
(c) AN AMENDMENT OTHER THAN AN AMENDMENT PRESCRIBED IN SUBDIVISION (a) OR (b) OF THIS PARAGRAPH ALSO MAY BE APPROVED BY A UNANIMOUS VOTE OF THE BOARD OF DIRECTORS.
(c) AN AMENDMENT THAT MAKES AN ADMINISTRATIVE CHANGE TO THE ORGANIZATIONAL OR OPERATIONAL PROVISIONS FOR THE PLANNED COMMUNITY REQUIRES THE APPROVAL OF AT LEAST FIFTY PERCENT OF THE MEMBERS.
(d) THE DECLARATION PROVIDES FOR A SMALLER PERCENTAGE FOR APPROVAL OF AMENDMENTS TO THE DECLARATION OR BYLAWS.
(a) The amendment receives the affirmative vote or written consent of A MAJORITY OF the number of owners or eligible voters specified in the declaration, including the assent of any individuals or entities that are specified in the declaration.
(a) The amendment receives the affirmative vote or written consent of the number of owners or eligible voters specified in the declaration, including the assent of any individuals or entities that are specified in the declaration.
Within thirty days after the adoption of any amendment pursuant to this section, the association or, if there is no association or board, an owner that is authorized by the affirmative vote on or the written consent to the amendment shall prepare, execute and record a written instrument setting forth the amendment.
Within thirty days after the adoption of any amendment pursuant to this section, the association or, if there is no association or board, an owner that is authorized by the affirmative vote on or the written -3- House Amendments to H.B.
2700 consent to the amendment shall prepare, execute and record a written instrument setting forth the amendment.
- 6 - HB 2700 (i) The cost of the trust account shall be shared equally between the association and the member.
(i) The cost of the trust account shall be shared equally between the association and the member.
If the plans are approved, the association's design review representative shall provide written acknowledgement that the approved plans, including any approved amendments, are in compliance with all rules and guidelines in effect at the time of the approval and that the refund of the deposit requires that construction be completed in accordance with those approved plans.
If the plans are approved, the association's design review representative shall provide written acknowledgement that the approved -4- House Amendments to H.B.
2700 plans, including any approved amendments, are in compliance with all rules and guidelines in effect at the time of the approval and that the refund of the deposit requires that construction be completed in accordance with those approved plans.
(e) Neither the approval of the plans nor the approval of the actual construction by the association or the design review committee shall constitute a representation or warranty that the plans or construction comply with applicable governmental requirements or - 7 - HB 2700 applicable engineering, design or safety standards.
(e) Neither the approval of the plans nor the approval of the actual construction by the association or the design review committee shall constitute a representation or warranty that the plans or construction -5- House Amendments to H.B.
2700 comply with applicable governmental requirements or applicable engineering, design or safety standards.
Approval of a construction project's architectural designs, plans and amendments shall not unreasonably be withheld.
Approval of a construction project's architectural designs, plans and amendments shall not unreasonably be withheld." Amend title to conform NEAL CARTER 2700CARTER SE2 02/11/2022 02:57 PM H:
- 8 -
LG/ra 2700CARTER.docx 02/10/2022 04:27 PM C:
MYR -6-
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Action History

  1. House Second Reading

  2. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 87 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (87)

87 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 2700?
HB 2700 is sponsored by Justin Wilmeth (Republican), Leo Biasiucci (Republican), Neal Carter (Republican), Judy Burges, Regina E. Cobb, and John Fillmore.
What is the current status of HB 2700?
This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2700?
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