Arizona House Bill HB2095

Arizona 2025 Regular Session

• Introduced: 1/28/25

Caption

Homeowners' associations; declaration amendment; vote

Impact

The introduction of HB2095 is expected to standardize voting procedures related to declarations within homeowners' associations, potentially leading to clearer governance structures and improved transparency in decision-making processes. The bill aims to provide property owners with more straightforward means to propose and pass amendments, which may enhance their engagement in community decisions. However, it is essential to consider how these procedural changes may affect existing governance dynamics and power relationships within different associations.

Summary

House Bill 2095 aims to amend sections 33-1227 and 33-1817 of the Arizona Revised Statutes, focusing on the governance of homeowners' associations, particularly in relation to the process of making amendments to the declarations that govern these associations. The bill specifies that amendments to these declarations require approval from a supermajority of unit owners, namely at least 67% unless the declaration specifies a larger majority. Additionally, it stipulates voting procedures and the necessity for amendments to be recorded in relevant counties, enhancing the visibility and enforceability of such changes among homeowners.

Contention

While the bill is presented as a reform to empower homeowners and streamline amendment processes, there may be concerns over the impact on existing associations where governance may already be established under different rules. Some stakeholders might argue that the proposed amendments could undermine the authority of current boards or declarants, potentially leading to disputes or challenges over interpretation and implementation. Additionally, the requisite majority for amendments could pose a barrier for some homeowners seeking changes to declarations that reflect their interests or respond to community needs.